How can Kerala HC annul mature Hadiya’s marriage, questions Supreme Court

News Network
October 3, 2017

New Delhi, Oct 3: The Supreme Court of India has finally questioned the controversial annulment of a mature Hindu-converted-Muslim girl’s marriage with a Muslim boy by the Kerala High Court and the legality of the girl's father forcibly keeping her in his custody for the past several months.

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Akhila alias Hadiya had stated in the Kerala High Court that she had embraced Islam on her own will and that she married Shafin Jahan, a Muslim man in 2016 as per Islamic Shariah. However the court had declared her marriage as "null and void" and forced her to go to her father’s house.

“We will hear logical and legal arguments on two issues - can the High Court nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra observed and posted the case for hearing on October 9.

Chief Justice Misra then turned to counsel for the girl’s father, observing “she is a 24-year-old woman. You cannot have control over her.”

The court said it could either appoint a loco parentis or send her somewhere safe. “The father cannot say he should have 24-hour custody of her,” Chief Justice Misra observed.

Additional Solicitor General Tushar Mehta for the NIA countered that the top court under Chief Justice Misra’s immediate predecessor, Justice (now retired) J.S. Khehar, had on August 16 transferred the case from the Kerala Police to the NIA, subsequent to findings that there was a “pattern” of such conversions and marriages in the State.

Senior advocate Dushyant Dave, appearing for the Muslim man, Shafin Jahan, strongly objected to the SC order for NIA investigation. Mr. Jahan has filed a plea for recall of the order.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities... Call the girl here, ask her,” Mr. Dave submitted.

The Kerala government, which had agreed in the SC to give the probe in favour of the NIA, also came forward wanting to file an affidavit. Former Supreme Court judge, Justice R.V. Raveendran, had refused the SC’s assignment to monitor the NIA probe.

Mr. Jahan’s recall petition requests the apex court to stop the NIA probe in light of subsequent events showing the girl converted of her own free will and she is being confined and “tortured” by her parents.

Mr. Jahan also sought a direction to be issued to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce the girl before the Supreme Court.

His application, through advocate Haris Beeran, refers to an aired video shot by activist Rahul Easwar, featuring the girl objecting to her “house arrest”.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl “is undergoing immense human rights violation at her house”. Moreover, the application also quotes the chairperson of Kerala Women’s Commission, M.C. Josephine, indicating that there is “grave human rights violation in the case of the detenue (the girl) and that the commission is willing to act on a complaint”.

The application points out that the retired Supreme Court judge, Justice R.V. Raveendran, whom the Supreme Court had appointed to oversee the NIA investigation, has refused the assignment. It said that in the light of Justice Raveendran’s refusal, the NIA probe should be stopped as it would not be a fair one.

“NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the petitioners have therefore been realised. That such an investigation is clearly not fair and is against the orders of the Supreme Court,” the application said.

It said that keeping the girl in custody against her will wherein she is not free to practice the religion she has chosen of her own free will is a clear violation of her fundamental rights,” it said.

It said that an NIA probe may not be required and “it is also clear that Respondent No.1 (the girl’s father) is blatantly infringing upon the right of the detenue to live a dignified life with all the liberty and freedom of a consenting adult of sound mind”.

Comments

Ahmed
 - 
Tuesday, 3 Oct 2017

There is no God but ALLAH and Muhammad pbuh is the final messenger of God...I request Non Muslims to come to truth.. just like Hadiya. We ask U to read & Ponder on ur vedas which says NA TASYA PRATIMA ASTI.. (There is no image of God) . God will definetely Guide those who are honest .

 

Ganesh
 - 
Tuesday, 3 Oct 2017

Laws are now not for protescting people. Its for destroying people. HC doing total injustice.

Suresh
 - 
Tuesday, 3 Oct 2017

Hats off Hadiya. You proved how brave you are. You waited, struggled alot. You will get your happiest life soon. Everybody with you. We love you.

Hari
 - 
Tuesday, 3 Oct 2017

Parents also against her. They are Cheddi followers. They imprisoned Hadiya. Except cheddis (rahul eswar and so on) not even friennds cant meet her. Her father not allowing to meet or talk

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News Network
February 29,2020

Mysuru, Feb 29: Tension prevailed at Tandavaput Industrial Area in Nanjangud taluk, Mysuru when a paper factory received a bomb threat call, which later turned out to be a hoax call.

The police said that the authorities of Rajshil Papers received a bomb threat call in the morning. After getting the information, the bomb detection squad rushed to the spot and inspected the factory premises and declared that it was a hoax call.

According to the police, an unidentified person called from his mobile, which is now switched off.

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Anusha Bhat | coastaldigest.com
July 24,2020

Mangaluru, Jul 24: Parents in Dakshina Kannada are urging the educational institutions to reduce fees at least by 75% as most of the infrastructure and resources are not being utilized due to online classes. 

“School campuses are now closed. Why we have to pay such a heavy fee when our children are not availing the facilities offered on campus?” asks a Sapna (name changed), a parent, whose two daughters study at a prestigious private school in Mangaluru.  

Even though some schools considered as small players have reduced fees, most of the “prestigious” institutions in the Mangaluru have so far refused to give any discount.

“Apart from paying school fees, now we have to invest in gadgets, internet connections and accessories required for online classes. School administration can use their infrastructure and facilities for other purposes as students are not utilizing them. Hence, they must give us maximum discount during this pandemic,” said another parent.  
 
On the other hand, many parents are facing a dire financial situation due to covid-19 lockdown – while some have suffered losses in their business some have lost their jobs.

Many parents have even approached the education department to ensure that they get a discount in fees from educational institutions, said Dakshina Kannada DDPI Malleswamy.

“We cannot do anything since a government circular has asked educational institutions not to hike fees, which they have not done, and reduce fees if possible, which will never happen. The department is acting against only those schools that forcefully collect fees,” the DDPI said.

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Ram Puniyani
May 26,2020

Words Jihad and Jihadi have been in abundant use for the negative purposes from last two decades in particular. They have been closleyl linked to the word terrorism and violence, done by section of Muslims here and there. This global use of word is particularly a post 9/11 phenomenon. Just to recapitulate after the WTC was hit by two aeroplanes; the building sunk leading the death of nearly three thousand innocent people. The victims belonged to most countries and religions. In the aftermath; Osama bin Laden called it Jihad. American media coined the word Islamic terrorism since then. Most of the acts indulged in by Muslim terror groups have been labelled under this title. This; irrespective of the fact that many an Islamic Scholars, many a Muslim clerics like Maulanas of Deoband and Barelvi, stating that Islam does not approve of violence against innocent people. The words have stuck.

This has also beoame one more weapon in the hands of communal sectarian elements. Apart from the mainstream media social media has been delving this with gay abandon using these words in a derogatory way. The lap media also called Godi media, which is an important part of the opinion making against Muslims has been using it day in and day out.

Recently (March 11, 2020), Mr. Sudhir Chaudhary, the Editor-in-Chief of Zee channel in a show went on to the limits of this misrepresentation by showing a chart and classifying Jihad into various categories, Love, Jihad, Land Jihad and latest in series being Corona Jihad in the wake of Tablighi Jamaat event. Mr Chowdhary concluded that all these types of Jihad are being done to weaken India. Surely, these types of programs have been increasing and intensifying Hate against Muslims and Jihad.

Unlike most of the times, this time around a complaint was filed against the said editor, a FIR was filed and lo and behold the editor’s tune changed.  In the next program he talked respectfully about the word Jihad! The tone and tenor changed. Was it a late realization or the fear of facing criminal action which made him change the tune, he alone should know, but that’s another chapter to the story?

As such jihad is by and large used as synonym for violence, terrorism. This is very much contrary to the its use in Koran.. Islamic scholar Asghar Ali Engineer argues that its use in Koran is multilayered. It stands for ‘utmost striving’ and has nothing to do with violence against innocents. As per him the concept of Jihad is far above violence. Those indulging in power games have used it as a cover for expanding power and called it as Holy War. This is very similar to the use of word Crusade by Christian Kings and Dharm Yudh by Hindu kings.

A deeper and more rational study of Koran and Hadith bring forth the real meaning of the term. Sufi’s who were away from the power struggle and focussed on spiritual aspects of religion like Bhakti Saints or liberation theologians, unfolded the deeper meaning of the term. Engineer points out that “it is for this reason that they describe war as jihad-e-Asghar and jihad to control one’s greed and selfish desires as jihad-e-Akbar (Great jihad)” (On Multi Layered Concept of Jihad, in A Modern Approach to Islam, Dharmaram , Page 26, 2003, Bangalore)

The reference to Jihad comes in Koran over 40 times, mostly referring to Jihad-e-Akbar, striving to overcome personal greed and selfishness. The real transformation of the word Jihad in popular perceptions and Chaudhary is the extreme example of that, takes place during the training of Mujahideen in the few specially set up Madarssas in Pakistan. This was initiated and coordinated by America in the decade of 1980s, when the Russian Army occupied Afghanistan. That was the time American forces were totally demoralised due to their humiliating defeat in Vietnam, at the hands of Vietnamese people.

To confront the Russian army, US planned to join the anti Russian forces. For this with the help of extremist Salafi version of Islam, they promoted the radical tendencies within a section of Muslims. The brain washing of the Asian Muslim youth as Mujahedeen to Taliban took place in few Pakistani Madrassas, totally funded by America. For this funding opium trade was also put into operation. The brainwashing module designed in Washington incorporated many components which also distorted the concept of Kafir, and created Hate against communists. Communists were labelled as Kafirs (Non believers) and so killing them was presented as Jihad. Getting killed while doing such an act was to be rewarded with entry pass to Jannat with 72 virgins waiting for those embracing this path.

America further went on to promote Taliban and Al Qaeda, which joined anti Russian forces, leading to defeat of Russian forces. Mahmood Mamdani in his book ‘Good Muslim Bad Muslim’ makes an inference based on CIA documents that America invested 8 thousand million dollars and also supplied seven tonnes of armaments, including the most sophisticate missiles to these forces. One also recalls the Al Qaeda leaders’ visit to US, White house. In the Press meet the then US President Ronald Regan, introduced them as being the equivalents of founding fathers of United States as they are fighting against the evil of communism.

Now of course the situation has taken its own turn and nearly three decades after their inception the same elements, later followed by ISIS and IS acted like Frankenstein’s monsters, killing Muslims in large numbers. It is estimated that over 70000 Pakistanis have been killed due to the action of these groups, who were propped up and nurtured by US to enhance its control over the oil wells of West Asia.

The likes Sudhir Choudhary can merrily propagate the Hate using the term Jihad. That such elements can also be partly controlled through the process of law is a part of great learning after the FIR filed against him. One hopes that such hate filled programs will come to a halt once we combat them ideologically and after resorting to the provisions of Indian Constitution. 

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