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 28,2020

Bengaluru, Feb 28: The Liquefied Petroleum Gas penetration in Karnataka is 'absolutely 100 per cent' due to the Prime Minister Ujjwala Yojana, Indian Oil Corporation Karnataka Executive Director D L Pramodh said here on Friday.

In 2014, LPG penetration in the State was only 68 per cent, but after the PMUY, massive number of gas connections were given in the last five years, he said, adding, "It is absolutely 100 per cent today."

"There are 1.6 crore LPG connections out of which around 31.5 lakh -- or around 20 per cent -- come under the PMUY. The 100 per cent LPG penetration in the state will help women in rural areas to make their kitchens smokeless. Against the national average of 2.88 cylinders per family per PMUY annually, the figure is Karnataka 3.4 cylinders in Karnataka," Pramodh told reporters.

On the initiative of blending ethanol with petrol, he said it's 8.6 per cent in Karnataka, the highest comparedto other states, where it's five per cent to 5.5 per cent. The state aims to increase it to 10 per cent. By March 31, the IOC would commission the Rs 10 crore Vapour Recovery System at the Devanagonthi terminal on the city outskirts which would ensure that vapour does not go out in the air when tankers are being filled with fuel. "This is an important measure taken tominimise pollution", he said.

Pramodh also said the IOC has started mobile fuel dispensers, delivering fuels at the doorsteps.

Regarding the IOC's preparedness for Electric Vehicle charging stations, Pramodh said the Ministry of Power has given the company a target to set up 500 charging stations across India in the first phase. The IOC has already signed MoUs with NTPC, Power Grid Corporation Limited, Hyundai Motors, Tech Mahindra and Tata Power in this regard.

In Karnataka, 58 sites have been identified for setting up charging and battery swapping stations.

"Total electric vehicle charging facilities planned by IOC in Karnataka by March 31 is 34, out of which 26 will be EVcharging sites and eight battery swapping stations," Pramodh said.

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News Network
February 3,2020

Feb 3: Shine Shetty, who was last seen essaying the character of 'Chandu' in the popular daily soap 'Lakshmi Baramma', made a grand comeback to the small screen with Bigg Boss Kannada season 7 as one of the contestants. The actor went emotional after his name was announced by Sudeep as the winner. He thanked the host, his family and friends and the viewers as well for continuous support.

During his stay in the house, the actor had the privilege to become the captain of the house twice. He is also the only candidate who has earned 'Kicchana Chappale' (applaud of appraisal) the maximum number of times.

Shine has been in the headlines for his equation with other housemates. His growing friendship with Deepika Das has been creating a lot of buzz ever since the launch of the show. Shine has always shown interest in Deepika. He has always admired Deepika and was seen complimenting her style statements.

Shine Shetty's journey inside the Bigg Boss house is worth a mention. From showcasing his talents to giving his best shot in the tasks and activities, the actor was always on the forefront.

His friendly nature and care of his inmates can also never be missed.

Bigg Boss Kannada 7 kick-started on October 13th 2019 with Kiccha Sudeepa continued to host the show. The show, which returned to the small screen with 'only-celeb' format consisted of 18 primary contestants, who entered the house during the grand premiere of the season.

Within a short span, two wild card entrants made a surprise entry into the house. The show was surely a roller coaster ride with unexpected twists and entertained the viewers to the fullest.

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Muhammad Abdullah Javed
May 20,2020

One of the distinguish features of the Noble Quran is that it presents different sorts of classifications. It is quite evident as one of the names of the Quran is Furqan that is it differentiates between things through its unique style of classification. The Quran openly proclaims the difference between right and wrong, truth and falsehood, literate and illiterate, light and darkness and so on. The system of Quranic taxonomy has a pivotal element with regard to ranking of human beings. It classifies them into two groups, one, who is honorable in the sight of their Creator and the second, disliked by Him.

This Quranic approach of classification is quite genuine, void of all sorts of bias. Since humans have no say in their birth, color or region, therefore the Quran doesn’t recognize these parameters to classify two groups of people.

The crux of Quranic taxonomy rests with the human ability which has been equally distributed among all humans. In terms of abilities to perform, barring those tasks performed with exceptional talents, all humans are equal. This is where Quran draws a line and specify who is most honorable in the sight of their Creator, it says:

 O mankind, We created you from one man and one woman, and then divided you into nations and tribes so that you may recognize one another. Indeed, the most honorable among you in the sight of Allah is he who is the most pious of you. Surely, Allah is All-knowing, All-Wise. (Chapter 49, Verse 13).

Criterion of judgement

To be most righteous in the sight of God, one has to be of pious nature. The Quran uses term Taqwa (a sense of distinguishing between right and wrong, piety) to exemplify the pious nature. It further specifies that the source of pious nature - Taqwa is an inherent quality of human beings. Along with the faculties of hearing, seeing and speaking they have been bestowed with (Taqwa) the criterion of distinguishing between virtues and vices, it has been mentioned in the Quran as:

And by the human self and by Him Who balanced it, then inspired it with its wickedness and piety (Chapter 91, Verses 7 & 8).

Good deeds and human nature

With the advent of human race on earth, the equation has been set in simple terms. Humans have to be obedient to their Creator by means of using their intellect, smart enough to use their ability to judge between right and wrong and spend their lives in performing good deeds. For this very reason God has created life and death:

Who created death and life that He may try you to see which of you is best in deeds, and He is All-Mighty as well as All-Forgiving (Chapter 67, Verse 2)

Since life is all about performing good deeds, the ability to perform any good action has been made as natural as recognizing any color with naked eyes. It is within the reach of a person to identify the difference between colors, so is his criterion of judgement that tells what to perform and what to refrain from?

Good actions have been synchronized with human nature whereas evil deeds are quite detrimental, that’s why there is a universal consensus over the conception of virtues and vices. No one can dare to differ with virtues like truth, justice and honesty etc, and no one appreciates vices like falsehood, violations and corruption. With this inherent ability of humans to identify good and bad, the concept of virtues and vices has been described with the same bent of human intellect, there is no philosophical and ideological kind of description to tell what truth and falsehood are, it is as simple as this:

Prophet Muhammad (peace be upon him) said: Give up what is doubtful to you for that which is not doubtful; for truth is peace of mind and falsehood is doubt (Tirmidhi)

Highway of actions

The Quran presents a highway of actions for everyone who believes in it and intend to be most honorable in the sight of the Creator. For each and every day, there is a definite plan of action to go ahead with it to please the Creator. Again, for every week and month, there are clear specifications with regard to individual and collective actions. So no place for claims and reservations, no place for any excuse either, things have been made clear. For a person to be honored, he has to be man of deeds, that’s it. Every person has fair chances of performing better, as the life has been given, criterion of judgement between right and wrong has been given, and plan of action has been provided with. Now one has to energize himself for everyday action and try to set right the intention.

Difference in human efficiencies

No doubt there are differences in human abilities and efficiencies, one may argue about the quality and magnitude of actions. Those who are of high efficiency may perform well and those who are inefficient may not? True, to convince what Quran emphasizes is, God doesn’t look at the magnitude of an action, rather He sees with what intention in what circumstances it has been performed? If any person keep fast in scorching heat for more than 16 hours a day will get high rewards compare to the one who fast less than 10 hours a day at a cold place. Again, if the intention is to please the God, than every action, no matter how small or big it is in its scale, will fetch rich dividends. A poor’s donation of few rupees will be equal in rewards as compare to what a millionaire gets by donating thousands of rupees from his enormous wealth. The act of charity has demanded sacrifice; both of them have sacrificed in accordance with their capacities. Therefore upon asking whose charity is noble in the sight of God, the Prophet Muhammad (pbuh) said: The charity of poor person who tries hard to get few rupees from his hard earn money to donate in the way of God (NasaiBook of Hadith).

The Quranic taxonomy of human is quite justifiable as every human bear testimony to its genuine and unbiased classification through what we term as actions. Therefore the world has to witness a race between men and women to see who can compete with others in order to please their Creator?

Whosoever acts righteously – whether a man or a woman and embraces belief, We will surely grant him a good life; and will surely grant such persons their reward according to the best of their deeds. (Chapter 16, Verse 97)

God-oriented actions, privilege for the Humanity

It’s very unpleasant to notice that in today’s world the parameters like statuses, resources and wealth have been regarded as privilege and honor for both humans and their societies. No doubt they are, but not at the cost of losing the very essence of human nature and sacrificing its interest. Today’s advancements speak of this dark phase where the height of inventions and discoveries touching the skies while the dignity and honor of humans have gone to the lowest of the low. The ever increasing poverty, hunger, untimely deaths, different forms of corruption in the land, violation of human rights are just to remind a few. The presence of rich and poor, highs and lows in the society speaks of disparity of actions, lack of selfless service and hearts void of God’s love and fear.

The beauty of humanity is to remain in the service of God and always stand on the toes to help those who are in need. This God-oriented action enables every doer to be dear to his God as the classification of good and the bad is purely based on the actions performed for the sake of the Creator:

Everyone is assigned a rank according to his deed. Your Lord is not heedless of what they do (Chapter 6, Verse 132).

 

Muhammad Abdullah Javed is the Director of AJ Academy for Research & Development. He can be reached at [email protected]

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