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
January 10,2020

Bengaluru, Jan 10: To deal with the problem of animal waste and illegal slaughterhouses in Bengaluru, Mayor M Gowtham Kumar held discussions with concerned departments and consultants to devise a strategy.

Speaking to ANI, Kumar said, "There are some illegal slaughterhouses in and around Bengaluru. We had a discussion with our Special Commissioner (Health) and Chief Health Officer (CHO) also to take up necessary action. We had a discussion last week also."

He also stated that a program has been framed to find illegal slaughterhouses and to shift animal waste generated every day.

"We have framed a program to find illegal slaughterhouses and design them properly. We have planned with our consultants that for the animal waste generated daily, we need four compactors to shift it either to Hoskote or another place that we have identified. We are on it", he said.

The segregation of animal waste and illegal slaughterhouses has been a continued issue in the Bengaluru civic area, a relief from which is expected after the implementation of proposed steps.

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News Network
February 21,2020

Thiruvananthapuram, Feb 21: A school in the city has allegedly denied admission to a boy whose parents did not fill the religion column in the application form, prompting the Kerala education department to seek a report.

The parents, Naseem and Dhayna, had sought admission for their son to the first standard at the St Mary's school, a government-aided institution. They alleged that school authorities had claimed that registration will not be possible on the education department's 'Sampoorna' portal without filling the 'religion' column.

"We were informed by the school authorities that it was not possible to give admission to our child as we wrote 'nil' in the religion column. They claimed that if nil is mentioned, the admission process will not get registered in the school management software of the education department," Naseem said.

Sampoorna is a school management system project implemented by the Kerala education department to automate the system and process of over 15,000 schools in the state.

The parents later approached the ministry and the Directorate of Public Instruction (DPI) to get further clarification.

"The state government officials denied that there were any issues with the software and confirmed to us that the admission process was going on.

When we approached the school authorities again, they asked us to give in writing that we, the parents will take responsibility of any issues that may occur in the future," Naseem said.

The parents then decided not to enroll their son at the school due to the manner in which the issue was handled by the institution. Reacting swiftly, the state government sought a report from the DPI and the deputy director of the education department on the matter.

"We have asked the DPI and the deputy director of the education department to look into the matter and file a report as soon as possible," Education minister C Raveendranath told PTI. The parents said after the news spread, a school official called them offering admission.

"But we decided not to enroll him there due to the approach of the school authorities," he said.

Naseem runs a catering business after returning from the Gulf.

The school management in a release claimed that they sought a letter in writing from the parents to avoid trouble in the future. "When school authorities asked why the religion column was left blank, the parents said they were not interested in filling that part. The parents have that right.

But most benefits given by the government to school children are based on religion. We just wanted to ensure that the parents take the responsibility in case the student misses out any such benefits in the future," the management said.

School authorities maintained they never denied admission to any student. The parents are now looking for admission for their son in other schools in Thiruvanathapuram.

Ravindranath recently claimed in the state Assembly that over one lakh children in Kerala had left columns relating to caste and religion blank in school admission records during the 2017-18 academic year. In a written reply, he said as many as 1,24,147 children had not filled these columns while enrolling in different classes in government and government-aided schools during the period.

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News Network
May 4,2020

Bengaluru, May 4: Booze lovers ushered in the resumption of liquor sales in a spirited fashion in Karnataka onMonday thronging stores hours before shutters went up at severalplaces and made no secret of their celebratory mood.

At some places, they flocked liquor shops even before day-break and performed "special prayers" with flowers, coconuts,incense sticks, camphor and crackers in front of the stores.

Liquor outlets had been shut in the State from March 25 following the lockdown due to the COVID-19 pandemic.

Excise revenue loss during the period was about Rs 2,500 crore, according to government sources.

About 4,500 standalone liquor outlets (CL-2 and CL- 11licence holders), which comprise wine stores and those owned bystate-run Mysore Sales International Limited, outside containmentzones were allowed to be opened from Monday from 9 am to 7 pm withsome restrictions.

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These include customers compulsorily wearing of facemasks andmaintaining social distancing with not more than five people inside liquor shops.

Many customers were indeed well-prepared.

At many places, they came with umbrella, raincoat, newspapers and books and queued up as early as 3 am.

At a liquor shop in Salegame Road in Hassan, the tipplers lit the traditional lamp and incense sticks, performed 'aarati'with camphor and decorated the store with the garland of flowers.

With folded hands, they all performed 'special prayers'.

In Mandya, the tipplers queued up before Martaanda liquor shop before dawn.

An hour before the sales were to resume, a few people burst crackers in celebration.

Some tipplers in Belagavi were more "enterprising."

They wentto a liquor store on Sunday night itself, performed special prayersand placed their "representatives" in the form of slippers, bags and stones in the "social distancing boxes" they themselves had drawn sothat they don't have to stand in queue in the morning.

An elderly woman Dakamma was the centre of attraction in Shivamogga.

The bent body did not bend the determination of this spirited lady, claimed to be 96-year-old, who was heard saying "liquor is goodfor health."

At the taluk headquarters town of Brahmavara in the coastal Udupi district, the queue of the booze lovers was reported to be almost half-a-kilometre.

Long queues were seen at liquor stores at Mariyappana Palya and K R Puram, among others, in Bengaluru.

The store managers too were no less cautious while dealing with customers in the COVID era.

They let the customers enter after spraying sanitisers in their hands, and allowed only those who hadworn masks and maintained social distancing.

To maintain law and order, authorities had deployed policemen in good numbers at these stores and they were seen on duty ensuring  that customers maintained social distancing.

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