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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DHNS
January 2,2020

Jan 2: A year after 12,000 acres of forests in Bandipur went up in smoke, the Karnataka Forest Department is gearing up for the summer even as the Forest Survey of India (FSI) has cautioned that 22.78 lakh acres (9,222 sq km) or about 20% of the green cover spread across three districts in the central part of the state is fire-prone.

The FSI studied forest fire incidents across the country between 2004-05 and 2017 before coming up with state-specific inputs.

According to the 13-year observation, Karnataka has 7,352 “fire points” or areas measuring 5 km X 5 km with frequent fire incidents.

Though the number is lower compared to states like Maharashtra, Madhya Pradesh and Odisha with over 20,000 points, the sheer spread of the fire-prone area itself is a challenge for the Karnataka Forest Department.

According to data, about three lakh acres (1,199.9 sq km) of forest area is very highly fire prone with 26 to 52 fire incidents in 13 years. This is followed by 7.6 lakh acres (3,067 sq km) of “highly fire prone” areas with an average of one to two incidents every year.

Almost all of the “red alert” areas are concentrated in Uttara Kannada, Chikkmagaluru, Shivamogga and Chamarajanagar districts. As temperature rises at the end of January, so does the risk of forest fires, requiring officials to be on vigil till the end of summer.

After an investigation into the Bandipur blaze revealed that faulty fire lines and poor supervision were the reason for the spread of the fire, the department has come up with a multi-pronged approach to prevent similar incidents this year.

“After the Bandipur incident, we have created a fire cell and a standard operating procedure (SOP) which everyone has to follow. Firstly, a fire management plan is prepared and approved by a competent authority.

The SOP has well defined firelines which have to be executed by December-end and burning must be completed by January 15,”  Principal Chief Conservator of Forests (Head of Forest Force) Punati Sridhar told DH.

He said that to ensure its strict implementation, GPS readings of firelines are to be submitted for random verification.

“All the required equipment from fire jackets to shoes, gloves, backpack sprayers and tractors mounted with 2,000-5,000 litre tanks with high pressure pumps will be deployed at vantage points,” he said.

In addition, the department’s fire cell works in collaboration with the Karnataka State Remote Sensing Applications Centre (KSRSAC) to give fire alerts within half and hour of an area catching fire and detected by satellites.

“Earlier, the gap used to be four hours by when the fire would have spread beyond control. Now, with reduced time gap, it would be easier to control fire early,” he added.

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News Network
June 20,2020

Udupi, Jun 20: The wife and daughter of a 54-year-old man who succumbed to Covid-19, tested positive for the virus on Saturday.

Sources said that the family returned to Udupi on June 18 and the man died the same day while his wife and daughter tested positive today.

The man and his family had arrived at their house in Thekkatte on Thursday, June 18 afternoon. Later in the day, the man died. He was suffering from jaundice and had arrived from Mumbai in the state of illness.

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News Network
January 14,2020

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

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