The Evening Wrap: Kerala CMO says chances of finding more Wayanad landslide survivors bleak

With rescue operations entering the third day on August 1, Kerala Chief Minister Pinarayi Vijayan’s (CMO) office said the chances of finding more survivors trapped in the landslide-levelled Mundakkai, Chooralmala and Attamalai settlements in Vythiri taluk in Wayanad district were dim. The CMO put the official death toll at 177. The deceased included 81 men, 70 women and 25 children. The next of kin have identified 98 bodies. However, a Revenue department official said the death toll could rise further. The government said 29 children were missing. District Educational Officer V.A. Saseendra Vyas stated that most were Mundakkai and Vellarmala government school students. The General Education department was collating the details of the missing students. Forensic doctors could not identify the gender of one dead body. They autopsied 225 bodies, many mangled. Rescue workers discovered 92 dismembered bodies. The government has insisted that forensic experts conduct post-mortem examinations in three minutes per body or body part. Police and forensic teams were also collecting DNA samples of the dead for identification. Emergency responders rescued 234 persons from the disaster zone. The landslide decimated an estimated 348 houses. The General Officer Commanding (GOC), Kerala-Karnataka sub-area, Major General V.T. Mathew, informed the government that the odds were that no one was left alive in the disaster zone. The CMO said efforts were on to find if there were dead bodies still buried under the mud. Sniffer dogs were aiding the search and rescue efforts. The government has appointed a nodal officer to coordinate the search for missing persons. The CMO said the Bailey bridge installed by the Army would rush more personnel and equipment to the Mundakkai village, which the landslide had cut off from the rest of the district. The landslide had washed away the bridge spanning the Puravanzhipuzha river, a vital land link connecting Chooralmala and Mundakkai. Emergency workers who reached the spot had to initially take hazardous detours through knee-deep mud, boulders, fallen trees and detritus to access Mundakkai. However, authorities could not get earthmovers and other equipment across the swollen river to Mundakkai. Additional Director General of Police, Law and Order, M.R. Ajith Kumar, stated the police have deployed 1,000 personnel for rescue work. The Health department has expedited the process of identifying the deceased. Civilian authorities will cremate unclaimed bodies after a specific period. The government has requisitioned 129 mobile morgue freezers, and the Karnataka government has promised to send scores more. Supreme Court upholds States’ right to sub-classify SCs for quota benefits A seven-judge Constitution Bench of the Supreme Court headed by Chief Justice of India D.Y. Chandrachud, in a majority judgment, on August 1 held that States have a right to sub-classify Scheduled Castes notified in the Presidential List in order to provide them more preferential treatment in public employment and education. Four of the seven judges on the Bench separately said the government should extend the ‘creamy layer principle’ to Scheduled Castes and Scheduled Tribes, like in the case of Other Backward Classes (OBC) category. It was necessary to exclude the affluent individuals or families from the benefits of reservation and make room for the really underprivileged within these classes. “The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action. In my view, only this and this alone can achieve the real equality as enshrined under the Constitution… Can a child of IAS/IPS or Civil Service Officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat/Zilla Parishad school in a village,” Justice B.R. Gavai asked. The view was backed by three other judges, Justices Vikram Nath, Pankaj Mithal and Satish Chandra Sharma on the Bench. Chief Justice Chandrachud, who shared his opinion with Justice Manoj Misra, however remained silent on the aspect of introducing the creamy layer principle to Scheduled Castes and Scheduled Tribes. However, his joint opinion with Justice Misra that it was constitutionally permissible for States to sub-classify groups among Scheduled Castes was backed by four other judges. Justice Gavai opined that unequals have to be treated unequally to bring “real equality”. “It is the duty of the State to give preferential treatment to the backward class of citizens who are not adequately represented,” Justice Gavai reasoned. Justice Bela Trivedi remained the lone dissenter on the Bench, saying States did not have the power to tinker with the Presidential List of Scheduled Castes. The Constitution Bench judgment followed a reference made to the seven-judge Bench in 2020 to examine the constitutionality of Tamil Nadu Arunthathiyars Reservation Act 2009 and the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act 2006. The latter gave preferential quota to Balmikis and Mazhabi Sikhs. Delhi coaching centre deaths: Court grants bail to SUV driver after cops drop culpable homicide charge A court here on August 1 allowed the second bail plea of an SUV driver, arrested for his alleged role in drowning of three civil services aspirants in the basement of a coaching centre. During the proceedings, the Delhi Police told the court that they have decided to drop harsher charge of culpable homicide not amounting to murder against Manuj Kathuria, the SUV driver. Additional Sessions Judge Rakesh Kumar was hearing an appeal against the denial of bail to Kathuria by a magisterial court on July 31. “The bail is allowed,” the judge said. Kathuria was accused of driving his Force Gurkha car through the street that was flooded by rainwater, causing the water to swell and breach the gates of the three-storey building housing the coaching centre and inundate the basement. During the proceedings, the Delhi police told the court that they have decided to drop ‘culpable homicide not amounting to murder’ charge against Kathuria. “During the further investigation, as carried out in the preceding 48 hours, it has transpired that the ingredients of the Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) is, at this stage, not being sufficiently established,” the investigating officer (IO) said in his reply to the appeal. “The same can be better assessed when the expert team from IIT-Delhi visits the spot and post inspection, submits its findings. Thus, as of now, the primary offence against the accused is of Sec 281 BNS [rash driving or riding on public way] for which the court may kindly pass appropriate orders as deemed fit,” the IO added. On July 31, terming the offence as “serious”, the magisterial court had denied bail to Kathuria, saying the plea was “untenable at this stage”. Indian fisherman from Tamil Nadu dead after boat capsized in Sri Lankan waters: Sri Lanka Navy One Indian fisherman died early on August 1, after his fishing boat capsized in Sri Lankan waters while resisting arrest by a Navy patrol vessel, Sri Lankan authorities said. Confirming the development, Sri Lanka Navy spokesperson Captain Gayan Wickramasooriya told The Hindu that the boat resorted to “aggressive manoeuvres” while the Navy patrol units tried apprehending the boat on charges of illegal fishing in Sri Lankan waters. “There were about 10 to 15 Indian trawlers early this morning (August 1, 2024). When our patrol boat tried capturing one, the fishermen on board tried to escape. Their boat capsized, and the four fishermen fell into the sea. One was seriously injured and taken to the hospital in Pungudutivu [off Jaffna peninsula], where he died. One more fisherman is missing, a search operation is on. Two were rescued safely and are in our custody,” he said. New Delhi said it summoned a senior Sri Lankan diplomat and registered a “strong protest” over the incident. “We expressed our shock and anguish at the unfortunate loss of life. Our High Commissioner in Colombo will also be raising the matter with the Sri Lankan government later today,” the Ministry of External Affairs said in a statement issued on August 1 morning. The death of the fisherman reflects the latest escalation in the persisting problem of Indian fishermen, mostly originating from Tamil Nadu, who are periodically caught fishing in Sri Lanka’s territorial waters. Often resulting in mass arrests of Indian fishermen and seizure of their boats by the Sri Lankan Navy, the practice — Indian fishermen pursue the destructive bottom-trawler fishing method to maximise the catch — has also severely impacted war-affected Tamil fishermen living in northern Sri Lanka. In Brief: The Israeli military said on August 1, that it has confirmed that the head of Hamas’ military wing, Mohammed Deif, was killed in an airstrike in Gaza in July. The announcement comes a day after an apparent Israeli strike in the Iranian capital killed Hamas’ top political leader. Israel believes that Deif, the head of Hamas’ military, and Yahya Sinwar, the top Hamas leader in Gaza, were the chief architects of the October 7 attack. Sinwar is believed to remain in hiding in Gaza. Evening Wrap will return tomorrow. [logo] The Evening Wrap 01 August 2024 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [View in browser]( [More newsletters]( Wayanad landslides: Kerala CM’s office says chances of finding more survivors bleak With [rescue operations entering the third day]( on August 1, Kerala Chief Minister Pinarayi Vijayan’s (CMO) office said the chances of finding more survivors trapped in the landslide-levelled Mundakkai, Chooralmala and Attamalai settlements in Vythiri taluk in Wayanad district were [dim](. The CMO put the official death toll at 177. The deceased included 81 men, 70 women and 25 children. The next of kin have identified 98 bodies. However, a Revenue department official said the death toll could rise further. The government said 29 children were missing. District Educational Officer V.A. Saseendra Vyas stated that most were Mundakkai and Vellarmala government school students. The General Education department was collating the details of the missing students. Forensic doctors could not identify the gender of one dead body. They autopsied 225 bodies, many mangled. Rescue workers discovered 92 dismembered bodies. The government has insisted that forensic experts conduct post-mortem examinations in three minutes per body or body part. Police and forensic teams were also collecting DNA samples of the dead for identification. Emergency responders rescued 234 persons from the disaster zone. The landslide decimated an estimated 348 houses. The General Officer Commanding (GOC), Kerala-Karnataka sub-area, Major General V.T. Mathew, informed the government that the odds were that no one was left alive in the disaster zone. The CMO said efforts were on to find if there were dead bodies still buried under the mud. Sniffer dogs were aiding the search and rescue efforts. The government has appointed a nodal officer to coordinate the search for missing persons. The CMO said the Bailey bridge installed by the Army would rush more personnel and equipment to the Mundakkai village, which the landslide had cut off from the rest of the district. The landslide had washed away the bridge spanning the Puravanzhipuzha river, a vital land link connecting Chooralmala and Mundakkai. Emergency workers who reached the spot had to initially take hazardous detours through knee-deep mud, boulders, fallen trees and detritus to access Mundakkai. However, authorities could not get earthmovers and other equipment across the swollen river to Mundakkai. Additional Director General of Police, Law and Order, M.R. Ajith Kumar, stated the police have deployed 1,000 personnel for rescue work. The Health department has expedited the process of identifying the deceased. Civilian authorities will cremate unclaimed bodies after a specific period. The government has requisitioned 129 mobile morgue freezers, and the Karnataka government has promised to send scores more. Supreme Court upholds States’ right to sub-classify SCs for quota benefits A seven-judge Constitution Bench of the Supreme Court headed by Chief Justice of India D.Y. Chandrachud, in a majority judgment, on August 1 held that [States have a right to sub-classify Scheduled Castes notified in the Presidential List]( in order to provide them more preferential treatment in public employment and education. Four of the seven judges on the Bench separately said the government should extend the ‘creamy layer principle’ to Scheduled Castes and Scheduled Tribes, like in the case of Other Backward Classes (OBC) category. It was necessary to exclude the affluent individuals or families from the benefits of reservation and make room for the really underprivileged within these classes. “The State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action. In my view, only this and this alone can achieve the real equality as enshrined under the Constitution… Can a child of IAS/IPS or Civil Service Officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat/Zilla Parishad school in a village,” Justice B.R. Gavai asked. The view was backed by three other judges, Justices Vikram Nath, Pankaj Mithal and Satish Chandra Sharma on the Bench. Chief Justice Chandrachud, who shared his opinion with Justice Manoj Misra, however remained silent on the aspect of introducing the creamy layer principle to Scheduled Castes and Scheduled Tribes. However, his joint opinion with Justice Misra that it was constitutionally permissible for States to sub-classify groups among Scheduled Castes was backed by four other judges. Justice Gavai opined that unequals have to be treated unequally to bring “real equality”. “It is the duty of the State to give preferential treatment to the backward class of citizens who are not adequately represented,” Justice Gavai reasoned. Justice Bela Trivedi remained the lone dissenter on the Bench, saying States did not have the power to tinker with the Presidential List of Scheduled Castes. The Constitution Bench judgment followed a reference made to the seven-judge Bench in 2020 to examine the constitutionality of Tamil Nadu Arunthathiyars Reservation Act 2009 and the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act 2006. The latter gave preferential quota to Balmikis and Mazhabi Sikhs. Delhi coaching centre deaths: Court grants bail to SUV driver after cops drop culpable homicide charge A court here on August 1 [allowed the second bail plea of an SUV driver]( arrested for his alleged role in drowning of three civil services aspirants in the basement of a coaching centre. During the proceedings, the Delhi Police told the court that they have decided to drop harsher charge of culpable homicide not amounting to murder against Manuj Kathuria, the SUV driver. Additional Sessions Judge Rakesh Kumar was hearing an appeal against the denial of bail to Kathuria by a magisterial court on July 31. “The bail is allowed,” the judge said. Kathuria was accused of driving his Force Gurkha car through the street that was flooded by rainwater, causing the water to swell and breach the gates of the three-storey building housing the coaching centre and inundate the basement. During the proceedings, the Delhi police told the court that they have decided to drop ‘culpable homicide not amounting to murder’ charge against Kathuria. “During the further investigation, as carried out in the preceding 48 hours, it has transpired that the ingredients of the Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) is, at this stage, not being sufficiently established,” the investigating officer (IO) said in his reply to the appeal. “The same can be better assessed when the expert team from IIT-Delhi visits the spot and post inspection, submits its findings. Thus, as of now, the primary offence against the accused is of Sec 281 BNS [rash driving or riding on public way] for which the court may kindly pass appropriate orders as deemed fit,” the IO added. On July 31, terming the offence as “serious”, the magisterial court had denied bail to Kathuria, saying the plea was “untenable at this stage”. Indian fisherman from Tamil Nadu dead after boat capsized in Sri Lankan waters: Sri Lanka Navy One [Indian fisherman died]( early on August 1, after his fishing boat capsized in Sri Lankan waters while resisting arrest by a Navy patrol vessel, Sri Lankan authorities said. Confirming the development, Sri Lanka Navy spokesperson Captain Gayan Wickramasooriya told The Hindu that the boat resorted to “aggressive manoeuvres” while the Navy patrol units tried apprehending the boat on charges of illegal fishing in Sri Lankan waters. “There were about 10 to 15 Indian trawlers early this morning (August 1, 2024). When our patrol boat tried capturing one, the fishermen on board tried to escape. Their boat capsized, and the four fishermen fell into the sea. One was seriously injured and taken to the hospital in Pungudutivu [off Jaffna peninsula], where he died. One more fisherman is missing, a search operation is on. Two were rescued safely and are in our custody,” he said. New Delhi said it summoned a senior Sri Lankan diplomat and registered a “strong protest” over the incident. “We expressed our shock and anguish at the unfortunate loss of life. Our High Commissioner in Colombo will also be raising the matter with the Sri Lankan government later today,” the Ministry of External Affairs said in a statement issued on August 1 morning. The death of the fisherman reflects the latest escalation in the persisting problem of Indian fishermen, mostly originating from Tamil Nadu, who are periodically caught fishing in Sri Lanka’s territorial waters. Often resulting in mass arrests of Indian fishermen and seizure of their boats by the Sri Lankan Navy, the practice — Indian fishermen pursue the destructive bottom-trawler fishing method to maximise the catch — has also severely impacted war-affected Tamil fishermen living in northern Sri Lanka. In Brief: The Israeli military said on August 1, that [it has confirmed that the head of Hamas’ military wing, Mohammed Deif, was killed]( in an airstrike in Gaza in July. The announcement comes a day after an apparent Israeli strike in the Iranian capital killed Hamas’ top political leader. Israel believes that Deif, the head of Hamas’ military, and Yahya Sinwar, the top Hamas leader in Gaza, were the chief architects of the October 7 attack. Sinwar is believed to remain in hiding in Gaza. Evening Wrap will return tomorrow. 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