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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coastaldigest.com news network
July 20,2020

Mangaluru/ Udupi, Jul 20: Dakshina Kannada has recorded 89 new covid-19 cases and five deaths whereas as Udupi recorded 98 cases in past 24 hours. 

Dakshina Kannada 

With five new deaths, the covid-19 death toll in the district mounted to 82. Among the five deceased, two are from Mangaluru taluk, one from Beltangady taluk, one from Bantwal taluk and one from Chikkamangaluru district. The deceased include a 2 month old child (from Bantwal). 

Out of the 89 cases, eleven persons had contracted the disease from primary contacts. Two persons had returned from the Gulf. Forty-five persons are suffering from influenza-like illness (ILI), and sixteen persons are suffering from Severe Acute Respiratory Infection (SARI). The health officials are tracing the contacts of fifteen others.

Meanwhile, 57 persons were also discharged from the hospital after complete recovery.

Udupi

With 98 new covid-19 cases, the total number of cases in the district today mounted to 2,321. Among them only 661 are currently active. 

1650 patients have been discharged from the hospital after complete recovery, and 11 persons have succumbed to COVID-19 in the district.

As of now, 213 throat swab samples are pending for results, 54 samples were sent for testing on July 20. On Sunday, July 20, 251 samples have tested negative. As of now, a total of 22357 swab samples out of the 24891 have tested negative for the coronavirus.

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coastaldigest.com news network
July 1,2020

Mangaluru, July 1: Even as the number of covid-19 positive cases is mounting with every passing day in the region, the Dakshina Kannada district recorded three new deaths due to coronavirus within 24 hours. 

According to sources, a septuagenarian from Bhatkal breathed his last on Wednesday afternoon. He was suffering from diabetes, high blood pressure and battling respiratory illness and pneumonia. His swab was collected and sent for test and the result came as positive.

Earlier in the day, two people had died in Mangaluru due to covid-19: A 31-year-old youth from Bhatkal and a 78-year-old man from Bengre in the city.

The coastal district has witnessed seven deaths from Sunday due to coronavirus.

The 31-year-old man, who was battling health issues due to high blood pressure, breathed his last at a private hospital. His swab was collected after his death. The report came as corona-positive.

The elderly man from Bengre was suffering from diabetes and pneumonia. He passed away at a private hospital.

With this, the total number of death of covid patients in the district reached to 17. Among them two people died due to non-covid reasons.

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coastaldigest.com web desk
June 30,2020

Ballari, June 30: A video clip of dead bodies of covid-19 victims being disgracefully thrown into a pit said to be in Karnataka’s Ballari has gone viral on social media triggering outrage from netizens.

Ballari Deputy Commissioner SS Nakul ordered a probe. He told media persons that the veracity of the video is still under question and that it still needs to be established if the video was taken in Ballari.

In the video, a pit is seen which appears to be disinfected. The video features masked men covered in body suits bringing dead bodies from a black hearse van in black body bags one by one and throwing the dead bodies into the same pit. In all, three dead bodies are thrown into the same pit in the video.

"We have assigned an Additional Deputy Commissioner (ADC) to enquire and verify the same. We are awaiting reports. We don't know yet if it (the video) is from Ballari or not," Nakul said.

The district which has so far reported around 800 cases in the last three months has also witnessed around two dozen deaths.

Twitterati on Tuesday raised questions about the handling of the bodies. "Even dead have some respect and they deserved a decent burial," said a social activist from Ballari. Similar reactions echoed on social media and some also pointed out on how the family members who have to stay away from burials feel about it.

Covid burial protocol

According to the protocol set by the Union Health Ministry for the burial of Covid-19 patients, the patients' orifices (nose, mouth and ears) have to be sealed and the body has to be wrapped in three layers of personal protective equipment (PPE). Thereafter it should be placed in a body bag. Family members should not be allowed to accompany the body in the hearse van. Covid-19 victims have to be given a deep burial. The grave should be minimum 10-feet deep.

The grave should be disinfected with bleaching powder and the area should be cordoned off so that the general public is not in the vicinity.  The vehicle used to transport the dead body of a Covid-19 victim -- ambulance or a hearse van -- has to be disinfected for 16 hours before being used again. Most Covid-19 victims in the state have had burials in the absence of family members as they are generally in quarantine for being the primary contacts of the patient.

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