DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE FRIDAY, OCTOBER 4, 2024, KOLKATA, LATE CITY, 16 PAGES BY UNNY AFFIDAVIT IN SC Govt flags wife consent, but says too harsh to make marital rape criminal ANANTHAKRISHNAN G NEW DELHI, OCTOBER 3 SPELLING OUT its stand for the first time on the marital rape exception in law, the Centre told the Supreme Court Thursday that while “a husband certainly does not have any fundamental righttoviolatetheconsentof the wife”, calling such a violation as “rape” is “excessively harsh and, therefore, disproportionate”. A49-pageaffidavitfiledbythe Ministry of Home Affairs stated: “It is submitted that a husband certainly does not have any fundamentalrighttoviolatetheconsentofthewife,however,attractingthecrimeinthenature“rape” asrecognisedinIndiatotheinstitutionofmarriagecanbearguably consideredtobeexcessivelyharsh and therefore, disproportionate. This Hon’ble Court has further adopted a balancing approach in order to reconcile in the perceivableengagementbetweenfundamental rights.” This is the first time that the government has, on record, opposed striking down the marital rape exception. In 2022, in the Delhi High Court, it had said that the“issueneedswiderconsultations” and that a review of existingcriminallawswaspendingat that time. Delivering a split verdict, a two-judge bench of the HC had noted: “Insofar as UOI is concerned, Mr Tushar Mehta, learned Solicitor General, stated before us in no uncertain terms that UOI does not wish to take a stand in the matter. In fact, affidavit(s) were filed to the effect that UOI would like to engage in consultation before moving further in the matter.” Justice Rajiv Shakdher, who was in favour of striking down the exception, had said that the arguments would have been “richer had Mr Mehta i.e., learned Solicitor General assisted the court in the matter”. InitsaffidavittotheSupreme Court, the Centre acknowledged thatmaritalrapeasanact“ought CONTINUED ON PAGE 2 EXPRESS NETWORK 2.5-ACRE FARMHOUSE HAS SEIZED CARS, TRAINING CENTRE ED runs Gurugram office from farmhouse it confiscated, PSU bank challenges it in court Not handing over to realise public money defeats PMLA purpose: Union Bank; ED says as per rules RITU SARIN NEW DELHI, OCTOBER 3 THE FAÇADE of the farmhouse has a big “ED” painted on it, with the “D” fast fading. The indoor swimming pool is empty, the space used as a waste yard for discarded sarkari furniture; there is even a twin lock-up and interrogation centre inside. A family of strays, with a litter of puppies, has free run of the 2.5acre property, fed by staff near the “canteen” which was once a plush dining room. For the past two years, Farm No 22 in the Greens, Rajokri, in south Delhi, serves as the Gurugram Zonal office of the Enforcement Directorate (ED), with its very confiscation being challenged by the bank to which Clockwise from top: The farmhouse in Gurugram where ED has set up its office; seized vehicles parked inside; swimming pool area with discarded furniture. Gajendra Yadav, Ritu Sarin Financial irregularities UK cedes Chagos Islands’ at RG Kar: CBI arrests sovereignty to Mauritius, Trinamool youth leader keeps base; India hails deal ATRI MITRA KOLKATA, OCTOBER 3 THE CENTRAL Bureau of Investigation (CBI) on Thursday arrested a youth leader of the Trinamool Congress (TMC) who is also a doctor associated with the RG Kar Medical College and Hospital in Kolkata, Ashish Pandey, in connection with the financial irregularities case linked to the hospital. Junior doctors, who have been protesting over the rape andmurderof ajuniordoctoron the hospital premises on August 9,havealleged that Pandey used to be a leader linked to the “threat culture” at RG Kar who frequently harrassed junior doctors. A disciplinary committee set up by RG Kar had earlier recorded Pandey's statement. Pandey has now been arrested by the Anti-Corruption Branch(ACB)of CBI,officerssaid. The protesting junior doctors have also claimed that Pandey is consideredacloseaideof former principal Sandip Ghosh. On September 2, former principal Sandip Ghosh and three others were arrested by CBI in the graft case. Apart from Ghosh (53), Biplav Singha (52) and Sumon Hazra (46), both vendors and Afsar Ali Khan, Ghosh's security guard, were arrested. The CBI also arrested Abhijit Mondol, who was inspector at Talapolicestation,inconnection with its probe into the rape and murder case. According to the CBI, the arrested persons were involvedindisturbing the crime scene, tampering with evidence, violating official rules, criminal conspiracy and misleading investigators. In the wake of the rape and murder case, the Calcutta High Court transferred both these cases – including the one on alleged financial irregularities – to the CBI. Subsequently, the CBI interrogated Pandey and two other doctors — Avik Dey, Birupaksha Biswas — both of whom are also associated with the TMC. On September 10, the CONTINUED ON PAGE 2 NEW DELHI, OCTOBER 3 BRITAIN ON Thursday agreed to cede sovereignty of the Chagos Islands — an archipelago of over 60 islands in the Indian Ocean — to Mauritius, in a deal to secure thefutureof thestrategicallyimportant UK-US military base on Diego Garcia, the largest in the chain of islands. For the first time in over 50 years, the status of the base will be undisputed and legally secure, following a political agreement between the UK and Mauritius,aBritish government statement said. India “welcomed” the agreement, saying it “completes the decolonisation of Mauritius”. Sources in New Delhi said India “played a quiet but important role in the background”. “It firmly backed the principled Mauritian position, supporting its stance on the need to do away with the last vestiges of colonisation. At the same time, it consistently encouraged both Abducted Meitei men freed, Kuki-Zo prisoners shifted out of Imphal jail SUKRITA BARUAH GUWAHATI, OCTOBER 3 JAISHANKAR TO MEET NEW LANKA PRESIDENT TODAYPAGE 8 SHUBHAJIT ROY DAYS OF hectic parleys led to the releaseof twoyoungMeiteimen Thursday, who had been held hostage by Kuki groups since September 27. The men, who were abducted when they strayedintoanareainManipur’s Kuki-Zomi majority Kangpokpi district, were released in the early hours of Thursday and The two men were held hostage since Sept 27 taken to Imphal. The two men, Oinam Thoithoi Singh and Thokchom Thoithoiba Singh, were handed over by Kuki groups to the Superintendent of Police of Kangpokpi district at around 5 am. On the other hand, 11 Kuki-Zomi men lodged in an Imphal jail were taken to Kangpokpi. Officially, senior police official S Ibomcha said the release of the two young men and the transportation of the 11 Kuki inmates were unrelated. “The CONTINUED ON PAGE 2 sides to negotiate with an open mind and with a view to achieving mutually beneficial outcomes.Itisbelievedthatthefinal outcome is a win for all sides involved and will reinforce long term security in the Indian Ocean region,” sources said. Thejointstatementissuedby Mauritius and the UK acknowledged India’s role: “In reaching today’s political agreement, we have enjoyed the full support and assistance of our close partners, the United States of America and the Republic of India.” This week’s political agreement is subject to a treaty and supportinglegalinstrumentsbeing finalised. Both sides have committed to complete this as quickly as possible, it said. “Under the terms of this treaty, the UK will agree that Mauritius is sovereign over the Chagos Archipelago, including Diego Garcia. At the same time, both our countries are the property was mortgaged. A visit shows that, including casual employees, there is a staff of almost 100 working inside. The sprawling central lawn of the farmhouse, with a market rate estimated by local property dealers to be worth Rs 120 crore, lined with fir trees and silver palm, serves as a parking lot for seized cars. There were about 40 carsonThursday,somepricedat Rs 1 crore plus. Officers say when ED headquarters in New Delhi is short of spaceforparkingpriceycarsconfiscatedasproceedsofcrime,they linethemupatthissprawlingED “office” in Rajokri. Besides a yard for seized cars, one large living room also doubles up as the agency’strainingcentrebytheED. This very farmhouse has been the subject of ample litigation,earlierintheDebtRecovery Tribunal (DRT) and the Delhi HighCourtand,atpresent,inthe Prevention of Money Laundering Act (PMLA) court in Panchkula, where the Union Bank of India (earlier Corporation Bank) has challenged the ED’s attachment and confiscation of the property as a “proceed of crime.” CONTINUED ON PAGE 2 DECISION 2024 ASHOK TANWAR TURNS AGAIN, BACK IN CONG PAGE 7 FPIs PULL OUT `15,243 CR Sensex,Niftyfall over2%onnew F&O,WestAsia Investors lose ` 9.78 lakh crore in a single day HITESH VYAS MUMBAI, OCTOBER 3 DOMESTIC STOCK market indices Sensex and Nifty crashed Thursdaybyover2percenteach, their biggest fall in almost two months,duetoescalatinggeopolitical tensions in West Asia and a surge in crude oil prices. Recent norms announced by the Securities and Exchange Board of India (SEBI) to curb speculative trading in the Futures and Options (F&O) segment and continued outflows from foreign portfolio investors (FPIs) also spooked the market, resulting in heavy selling. The30-shareSensexplunged 1,769.19points,or2.1percent,to end at 82,497.1, while the broader Nifty slid 546.8 points, or 2.12 per cent, to finish at 25,250.1.OnAugust5,theSensex had fallen by 2.74 per cent and Nifty by 2.68 per cent. In percentage terms, it was the fourth biggest fall for Sensex in 2024, andthethirdbiggestfallforNifty. The market capitalisation, or thetotalvalueof alllistedshares, CENTRE ACCORDS CLASSICAL LANGUAGE STATUS TO BENGALI, FOUR OTHER LANGUAGES PAGE 3 ISRAEL CALLS FOR EVACUATIONS FROM SOUTH LEBANON P 12 of the BSE-listed firms declined byRs9.78lakhcroretoRs465.07 lakh crore, or $5.54 trillion. Foreign portfolio investors (FPIs) pulled out Rs 15,243.2 crore worth of equities from the domestic market, according to the BSE’s provisional data. In the lasttwotradingsessions, foreign players have sold nearly Rs 21,000 crore worth of local shares. On the other hand, domestic institutional investors (DIIs) purchased Rs 12,913.96 crore of shares on Thursday, the BSE’s data showed. “Acombinationof globaland domestic factors had an impact on the markets today. On the global front, geopolitical tensions between Israel and Iran hadamajorroletoplay.Thisalso led to a rise in crude oil prices CONTINUED ON PAGE 2 Household ownership of equity surges to 21.5% GEORGE MATHEW MUMBAI, OCTOBER 3 INSIDE THE WORLD INDIANHOUSEHOLDSarenotas conservativeintheirfinancialinvestments as many believe. The household sector, which includes individuals and nonprofitinstitutionsservinghouseholds directly, owned 21.5 per cent of India’s listed equity market as of June 2024, much higher when compared to other devel- oped markets, excluding the US, according to a research report. This ownership has remained within a very narrow range of 21-22 per cent since the beginning of the calendar year 2021,followingamorestableperiod of almost five years when it was between 18 per cent and 20 per cent prior to that, and between 16 per cent and 17 per cent during 2011 to mid-2016, the report prepared by Motilal CONTINUED ON PAGE 2 CONTINUED ON PAGE 2 EXPLAINED PAGE 14 EXPLAINED BUSINESS AS USUAL `6.00 (`12 IN NORTH EAST STATES & `17 IN ANDAMAN) WWW.INDIANEXPRESS.COM SINCE 1932 E ● The silver lining SECURITY OFFICIALS said the release of the Meitei men should be seen as an “opportunity”. “There were negotiations and the men were released without conceding to any unreasonable demands. This can be seen as a good opportunity, a starting point for all to come together for talks,” an official said. How a mother’s failed dream spurred rise of Wayanad as nursery for women’s cricket PAGE 1 ANCHOR SANDIP G NEW DELHI, OCTOBER 3 ITALLstartedonatraintripfrom Kochi to Kozhikode in early 2000, after K M Elsamma’s daughter Anumol Baby failed a selection trial. On that journey, Elsamma, a physical education teacher in Wayanad, decided to turn the disappointment of the trials into an opportunity, help- ing shape the district, Kerala's popular tourist destination, into an unlikely nursery for women's cricket. Twoof Kerala'sthreewomen cricketers to have represented thecountryarefromthisremote district and one of them, allrounderSajanaSajeevan,isinthe India squad for the Women’s World Cup. As for the state's women's team, at any point in time, Wayanad players account for half the team. “When my daughter failed the trials, Wayanad did not have adistrictteam.Mydaughterwas Coach K M Elsamma with her ward and India player Sajana Sajeevan and daughter Anumol Baby a wanderer of sorts, turning up for different districts, and thus never got a real opportunity to express her skills. So we decided to form a team for our district,” recollects Elsamma, a justretired physical education teacherfromtheMananthavady Government Vocational Higher Secondary School in Wayanad who once represented her college cricket team. “I called up the association secretary, Nazar Machan, who readily acknowledged the need for a team. But the bigger CONTINUED ON PAGE 2 Kolkata