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
May 29,2020

Bengaluru, May 29: Seven out of ten (72 per cent) workers in Karnataka reported having lost their employment during the COVID-19-induced lockdown, according to findings of a survey by Azim Premji University, in collaboration with ten civil society organisations.

The university said in a statement it conducted "a detailed" phone survey of 5,000 workers across 12 states in the country, to gauge the impact of the COVID-19 lockdown on employment, livelihoods, and access to government relief schemes.

The survey covered self-employed, casual, and regular wage and salaried workers and it released the findings for Karnataka on Thursday.

Seventy-six per cent of urban workers and 66 per cent of rural workers lost their employment, the survey findings said.

For non-agricultural self-employed workers and wage workers, who were still employed, average weekly earnings fell by two-third.

More than four in ten salaried workers (44 per cent) saw either a reduction in their salary or received no salary during the lockdown.

Six out of ten households reported that they did not have enough money to buy even a weeks worth of essential items, according to the survey.

Eight out ten households reported a reduction in food intake, while less than three in ten vulnerable households (27 per cent) in urban Karnataka received any form of cash transfer from the government, it said.

In summary, the disruption in the Karnatakas economy and labour markets is enormous. Livelihoods have been devastated at unprecedented levels during the lockdown.

The recovery from this could be slow and very painful, the statement said.

As a response to the findings of this survey, the team which has conducted the survey suggested a universalisation of the PDS to expand its reach and implementation of expanded rations for at least the next six months.

It suggested cash transfers equal to at least Rs.7000 per month for two months, and proactive steps like expansion of MGNREGA, introduction of urban employment guarantee, and investment in universal basic services, among others.

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News Network
April 14,2020

Dubai, Apr 14: Around 2,500 Indians have approached Indian missions in the United Arab Emirates (UAE) seeking help to be flown home during the ongoing coronavirus lockdown, top diplomats have said.

The Indian Embassy in Abu Dhabi and the Indian Consulate in Dubai together have received requests from "a little more than 1,000 individuals" while the latter has received an additional request from an employer who has laid-off around 1,000 Indian workers, reports Gulf News on Monday.

According to the Indian Ambassador to the UAE Pavan Kapoor, the missions have not been bombarded with mass requests from the people who wish to take an immediate flight home unlike widespread reports on social media.

Most of the individuals who have expressed their interest to return home are visitors and those who lost their jobs, he told Gulf News.

Consul General of India in Dubai, Vipul said his mission had received nearly 1000 requests via email and phone from people who want to return home.

"A majority of them are visit visa holders. On Sunday, we got information about another large group of around 1,000 Indian workers who have lost jobs. The employer has got in touch to know the options to send them back home as early as possible," he told Gulf News.

However, the diplomatic heads refuted unverified reports that claim tens of thousands of Indians were scrambling to fly home during the pandemic.

They added that the missions have been aiding hundreds of workers, who have been left in the lurch by their employers, with provisions.

The Indian government had said that flight services cannot be resumed during the lockdown period, which has now been extended till May 3.

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News Network
June 16,2020

Bengaluru, Jun 16: Former prime minister H D Deve Gowda on Tuesday termed as 'disturbing' the violent clash between Indian and Chinese troops in Galwan Valley and said the government should offer a clearer picture to the nation on the border issue.

He sought to know as to how Indian soldiers lost their lives during a de-escalation process and said Prime Minister Narendra Modi and Defence Minister Rajnath Singh should come out with a clearer picture.

"Reports coming from #GalwanValley are disturbing. Why did our soldiers lose their lives during a de-escalation process? In national interest, the PM and RM should offer a clearer picture to the nation on the border issue with the Chinese. #LADAKHSTANDOFF," Gowda tweeted. An Indian Army officer and two soldiers were killed during the confrontation with Chinese troops in the Galwan Valley in eastern Ladakh on Monday night, the first such incident in the last 45 years that reflected massive escalation in the five- week border row.

The Army said India lost an officer and two soldiers during the violent face-off, while there were casualties on the Chinese side as well.

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