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
June 10,2020

Bengaluru, June 10: The Department of Primary and Secondary Education of Government of Karnataka today ordered a ban on online classes for children from KG to class 5.

The decision was taken following a report based on the report submitted by director NIMHANS, recommending online classes only above the age of 6 years and also following the complaints from several parents about online classes conducted by private schools even for kindergarten kids.

Briefing the media soon after the meeting with department officials, S Suresh Kumar, primary and secondary education minister said, "We have taken two major decisions today. The online classes for LKG, UKG and primary classes should be stopped immediately."

Even collecting fees in the name of online classes should be stopped, said the minister. "We have already issued a circular about it insisting that schools not collect fees in the name of online classes and also requesting schools not to increase fees for the 2020-21 academic year considering financial constraints of several people due to the COVID-19 pandemic," said the minister.

The department, however, also discussed how to engage children during this period as there was no clarity over the reopening of schools for the 2020-21 academic year. "We have constituted a committee to prepare guidelines on how to engage students and increase their knowledge. The committee is headed by Prof. MK Sridhar," he said.

Before taking this decision, the department had three rounds of discussions with various experts, including Prof. MK Sridhar, Prof. VP Niranjanaradhya, Dr John Vijay Sagar and other departments, including the home and health departments.

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News Network
May 18,2020

Bengaluru, May 18: A large number of people in India are planning inter-city bus travel within a month of the lifting of travel restrictions, according to a randomised online survey of over 10,300 customers of redBus, India's largest online bus ticketing platform.

Nearly 57 per cent of the respondents are planning to travel within a month post the lockdown. However, there is a high standard of expectation on the implementation of measures to make buses safe for travel with over 79 per cent wanting deep cleaning and sanitisation of buses after every trip.

Hand sanitisers, mandatory masks and temperature screening for all passengers are next in expectations for bus travel. Over 78 per cent of the respondents want the implementation of hygienic conditions at boarding points and 70 per cent want social distancing protocols to be implemented at boarding points.

"The survey does underscore the fact that given the adherence to safety protocols, bus travel is possibly one of the safest options for travel since the number of travellers are fewer, checks can be done individually and the whole factor of pick up and drop as close to home as possible minimises the number of contacts throughout the journey," said redBus Chief Executive Officer Prakash Sangam.

In addition, online booking further reduces the number of contact points as people can book bus tickets directly from their home. Further, there is a heightened awareness of personal hygiene and safety measures which is important for the travel to be safe.

"The large number of people waiting to travel not only points to the need but also the importance it has for the revival of economic activity as very few of them would be travelling for leisure," said Sangam.

The survey also showed that passengers put a very high consideration on hygiene, sanitation and disinfection -- over 73 per cent -- and social distancing (63 per cent) and much lower consideration to traditional factors such as travel cost (22 per cent), comfort (21 per cent) and punctuality (18 per cent).

The survey was conducted among redBus customers across India. Only 5 per cent of the respondents were willing to postpone their travel to over six months while the rest had plans to travel within that period.

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News Network
February 16,2020

Bengaluru, Feb 16: Deputy chief minister Laxman Savadi’s election to the lone vacant council seat, for which a bypoll has been called, is only a formality as the only other candidate in the contest, independent BR Anil Kumar, dropped out on Saturday.

Kumar conveyed his decision to council secretary and returning officer Vishalakshmi. He decided to withdraw from the February 17 bypoll after failing to get support from Congress and JD(S) legislators.

The bypoll was necessitated after sitting member Rizwan Arshad of Congress resigned as he moved to the legislative assembly as an MLA. Rizwan won the Shivajinagar bypoll in December last year.

“Since the notification on candidates in the fray, after the last date of withdrawal, has already been published, irrespective of any candidate’s retirement, the election has to be conducted,” an official said.

Savadi’s victory was always assured as BJP has 119 members in the House.

Still, Ramanagara BJP district president Rudresh and MP BY Raghavendra reportedly approached Kumar, urging him to withdraw. Kumar, however, denied that he was persuaded by BJP.

“I entered the fray thinking secular parties and likeminded MLAs will support me, but that didn’t happen, so I decided to retire,”he said.

A section of Congress and JD(S) politicians, led by former minister HD Revanna, had persuaded Kumar to enter the contest with the hope that disgruntlement among some BJP legislators over Savadi’s promotion as the deputy CM would result in an upset.

Former chief minister HD Kumaraswamy also offered to support Kumar. Siddaramaiah of Congress refused to do the same. Congress and JD(S) did not field any candidates of their own as they don’t have the requisite numbers in the House.

Savadi must get elected to the council before February 20, otherwise he will lose his cabinet role. According to rules, a person who is not a member of either House should get elected within six months after becoming a minister. Savadi took oath on August 20 last year.

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