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
July 9,2020

Bengaluru, Jul 9: Alarmed over surging COVID-19 cases, the Karnataka government has decided to divide this tech city into containment zones to curb the spread of the pandemic, a state minister said on Thursday.

"The city will be divided into red, orange and yellow zones in commensurate with the number of Covid cases in them for containing the virus spread on war footing," Law and Parliamentary Affairs Minister J.C. Madhuswamy told reporters here.

Cabinet ministers representing assembly segments in the city will be in-charge of the zones to ensure the cases are curbed with strict enforcement of lockdown guidelines, especially wearing mask and maintaining social distancing by the people in the confinement areas.

"Chief Minister B.S. Yediyurappa has convened a meeting of ministers, MLAs, MPs and corporators of all the 198 civic wards across the city on Friday to discuss and draw an action plan to contain the pandemic," said Madhuswamy.

With 1,148 positive cases, the city''s Covid tally rose to 12,509 and active to 10,103, while 2,228 were discharged, including 418 on Wednesday, while 177 succumbed to the infection since March 9, with 23 in the last 24 hours.

"The Chief Minister ordered deploying more ambulances in the containment areas where cases have been spiking daily to rush Covid patients to the nearest hospital for immediate treatment," said Madhuswamy.

The city civic corporation -- Bruhat Bengaluru Mahanagara Palike (BBMP) --has increased the containment zones to 3,181 due to more cases spiking, with southern and western suburbs accounting for most infections.

"The containment zones are concentrated more in the city''s southern and western suburbs. Active cases doubled over the last 8 days and shot up to a whopping 12,509 from 4,555 on June 30," an official said.

Refuting graft charges by opposition Congress leader Siddaramaiah in the purchase of medical equipment for treatment of Covid patients, Madhuswamy said the state government had not spent more than Rs 600 crore so far.

"We are running a government. Not a private office. We will give account. He (Siddaramaiah) is welcome to check the accounts and verify the documents," asserted the minister.

In a related development, the cabinet also approved an ordinance to increase the state contingency fund to Rs 500 crore from Rs 80 crore for the Covid-19 induced economic relief measures announced by the chief minister in June.

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News Network
May 28,2020

Bengaluru, May 28: In a first of its kind initiative, the Karnataka government will soon launch 'Statewide Health Register', a project to maintain the health database of all its citizens, announced Medical Education Minister Dr K Sudhakar on Wednesday.

The project will kick start from Chikkaballapura and Dakshina Kannada districts.

"With a vision to efficiently deliver quality healthcare to every citizen, Karnataka will soon have a Statewide Health Register. The pilot project will be implemented in Chikkaballapura & Dakshina Kannada dist shortly and completed in 3-4 months. @CMofKarnataka @PMOIndia @JPNadda," tweeted the Minister.

The government plans to get the data collected with the help of a team of Primary Health Centre (PHC) officials, revenue officials, Education Department staff and ASHA (Accredited Social Health Activist) workers.

"They will visit each household and collect health data of all the members of the family. This will not just help the government to provide better health care facilities, but also build an efficient resource allocation, management and better implementation of various citizen-centric schemes in the state," the minister added.

Sudhakar also said that the COVID-19 pandemic has demonstrated the necessity of having a robust, real-time public health system.

"Very few countries in the world have taken such an initiative. It is a futuristic project which will include 50 per cent partnership of private hospitals. It would be a cumbersome process but if we do this and digitise it, the data could be used for multiple purposes. The data would help us prioritise healthcare based on geography, demography, and other targeted measures. It would also help medical professionals and scientists for innumerable studies," he said.

"We have consulted all specialists from 18 different departments, and taken their advice into account," said the minister.

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News Network
February 10,2020

Shivamogga/Hubballi, Feb 10: Chief minister BS Yediyurappa on Sunday reiterated portfolios for all new ministers will be distributed on Monday and the exercise was not completed sooner only because of weekend holidays.

“I had completed all the formalities on the portfolio allocation,” Yediyurappa said, appearing to rubbish rumours that the delay was caused due to a tussle over portfolios. “However, considering it was a weekend, I decided to postpone handing them out. On Monday all portfolios will be announced.”

The CM also promised to induct loyalists into his council of ministers, admitting Umesh Katti, Hukkeri legislator, should not have been left out. Speaking in Shivamogga earlier in the day, Yediyurappa said Katti was scheduled to take oath last week along with the 10 defectors, but the decision was scrapped at the last minute due to “unavoidable reasons”. “But I have discussed the issue with Katti. Considering he is from North Karnataka and that we have worked together for many years, he will be included in the cabinet soon,” Yediyurappa said.

When questioned on more prominent legislators from his home district missing out — especially Thirthalli Arag Jnanendra — he said a “different responsibility” has been given to him and has already explained why he could not be inducted.

Yediyurappa refused to react to comments by former chief ministers Siddaramaiah and HD Kumaraswamy on government’s survival, saying he would rather concentrate on the state’s development. “It is common for the opposition to criticize the government, but I’m busy preparing for the budget, which will be presented on March 5. I am concentrating on my work,” he said.

In Davangere, Yediyurappa said he is committed to increasing internal reservation for the Valmiki community under the ST quota from 3% to 7.5%, apart from considering a separate department for the community to address their issues. Speaking at a Valimik community event, Yediyurappa said Justice Nagamohan Das has been asked to submit his report at the earliest to bring in reservation.

In Mysuru, chief minister Yediyurappa’s son and BJP Yuva Morcha general secretary BY Vijayendra on Sunday said the district will get representation in his father’s cabinet soon, pointing to the six existing vacancies. He said former minister AH Vishwanath will be made a minister as Yediyurappa is known for delivering on his promises. Speaking to reporters, he said his father has expanded his council of ministers, ensuring there were no complaints and he will include more legislators given that there are six more vacancies.

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