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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 25,2020

Bengaluru, May 25: Helpless dairy farmers in a village in Bangaluru Rural district have dumped around 4,000 litres of milk into drains and on anthills.

The shocking incident took place at Chikka Korati near Hoskote yesterday after the Karnataka Milk Federation (KMF) refused to collect the milk because a pregnant woman in the village had tested positive for Covid-19.

The village was sealed off three days ago and three of the woman’s family was sent to institutional quarantine. The incident is an embarrassment since the government has been urging people not to stigmatise patients or their contacts.

“In Hoskote taluk, we lead in milk production,” Guru Korati, a villager, said. “There are around 130 families in the village, but we have two milk producers’ cooperative societies (MPCSs) – Chikka Korati MPCS and Dinne Korati MPCS. Our village produces more than 4,000 litres per day. The KMF refused to collect milk from both societies after they learnt about the positive case. Frustrated, we poured the milk down the drain.”

Guru wanted the government to address the village’s problems. “We are not only struggling to sell milk, but we also cannot transport vegetables which we cultivate,” he said.

Veerabhadrappa, from Chikka Korati in Bayala Narasapura gram panchayat, said: “Several families have cows enough to yield more than 50 litres of milk. What will they do with such a huge quantity of milk?”

Mehaboob Sab, panchayat development officer (PDO) of Bayala Narasapura GP, said, “We aren’t sure how the woman contracted Covid-19. A family member had visited Tamil Nadu and the woman also frequently visited a hospital in Kolar for checkups. We are still tracing her contacts.” 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 5,2020

Newsroom, June 5: The union health ministry has announced new rules for shopping malls which have been permitted to open from June 8, except those falling in containment zones.

The guidelines will come into effect from Monday and cinema halls, gaming arcades and children play areas in these establishments will remain closed.

Here is the complete list of standard operating procedures issued by the ministry to be followed in shopping malls to contain the spread of COVID-19.

•   Thermal screening of all visitors mandatory at entry point, along with compulsory hand hygiene. Only asymptomatic visitors will be allowed to enter the shopping mall .

•  It will be mandatory for all visitors as well as workers to wear face masks at all times inside the mall. 

•  Posters and audio-visual media on preventive measures about COVID-19 should be displayed prominently.

•  Visitor entry to shopping malls should be allowed in a staggered manner and adequate manpower be deployed by mall management for ensuring social distancing norms.

•  All employees who are at higher risk like elderly, pregnant women and those having underlying medical conditions should take extra precautions. They should preferably not be exposed to any front-line work requiring direct contact with the public.

•   Proper crowd management in the parking lots and outside the premises – duly following social distancing norms shall be ensured. Preferably, separate entry and exits for visitors, workers and goods/supplies shall be organised.

•   The staff for home deliveries should be screened thermally by the shopping mall authorities prior to allowing home deliveries and required precautions while handling supplies, inventories and goods in the shopping mall must be ensured.

•   Physical distancing of a minimum of 6 feet, when queuing up for entry and inside the shopping mall should be maintained as far as feasible while the number of customers inside the shop should be kept at a minimum, so as to maintain the physical distancing norms.

•   The number of people in the elevators should be restricted and use of escalators with one person on alternate steps should be encouraged.

•   Number of people in the elevators shall be restricted, duly maintaining social distancing norms. Use of escalators with one person on alternate steps may be encouraged.

•   Effective and frequent sanitation within the premises shall be maintained with particular focus on lavatories, drinking and hand washing stations/areas

•   Cleaning and regular disinfection of frequently touched surfaces  to be made mandatory in all malls in common areas as well as inside shops, elevators, escalators etc.

•   In the food-courts, adequate crowd and queue management is to be ensured and not more than 50 per cent of seating capacity should be permitted.

•   Food court staff should wear mask and hand gloves and take other required precautionary measures, the seating arrangement should ensure adequate social distancing between patrons as far as feasible and tables should be sanitized each time a customer leaves.

•   Gaming arcades, children play areas and cinema halls inside shopping malls shall remain closed.

•   Spitting should be strictly prohibited and installation and use of Aarogya Setu App shall be advised to all.

•   The ministry advised persons aged above 65, those having comorbidities, pregnant women and children below the age of 10  to stay at home, except for essential and health purposes.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 9,2020

New Delhi, Jun 9: Elections to seven seats of the Karnataka Legislative Council will be held on June 29, the poll panel announced on Tuesday.

The seven seats are falling vacant on June 30, according to an Election Commission statement.

Members of the Karnataka Legislative Assembly will vote on June 29 to elect the seven new MLCs.

The Commission has directed the Karnataka chief secretary to depute a senior officer to ensure that the  instructions regarding COVID-19 containment measures are complied with during the elections.

The counting of votes will be held on the evening of June 29 after completion of polls, as per practice.

The notification for the elections will be issued on June 11, the statement said.

MLCs are usually elected by four types of electors -- MLAs, Graduates, Teachers and members of local authorities.

On Monday, the Commission had deferred elections to four seats of the Karnataka Legislative Council -- two each from Teachers and Graduate constituencies -- falling vacant on June 30 due to the outbreak of the novel coronavirus.

"If MLAs are electors, the size of the electorate is small and the assembly building is the only polling station. When the electorate is teachers or graduates, the number of those who can vote is higher.

Due to the virus, Commission only allowed polls to seats where MLAs are the electors to prevent large gatherings," explained a senior EC functionary.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.