Interaction with Hadiya should not be held in open court: Father’s new demand

coastaldigest.com web desk
November 21, 2017

Asokan K M, an ex army man from Kerala’s Kottayam district, who reportedly tortured daughter Akhila alias Hadiya for converting to Islam and marrying a Muslim man, has now moved the Supreme Court, urging that the interaction with his daughter be held in-camera (privately) and not in the open court.

The application in this regard was filed after a bench headed by Chief Justice Dipak Misra had on October 30 directed that the woman be produced before it on November 27 for an interaction in open court.

Asokan, who had created the rumour of ‘love jihad’ to convince the Kerala high court to annul his daughter’s marriage with her husband earlier this year, now referred to the “communally sensitive nature of the case” and sought in-camera interaction on some grounds including that so called radical elements could jeopardise the safety and privacy of his daughter and the family.

The top court had on August 16 said it would speak to the woman in-camera before taking a final decision on the matter. It has later modified the order saying "We may further add that this court shall speak to her not in camera but in open court."

Asokan, in his application, claimed that since the matter "involves sensitive issues involving the security and physical safety of the parties and communally sensitive issues in the backdrop of the involvement of radical/extremist elements, it is genuinely believed that in-camera interaction is necessary in the interest of the safety and privacy of respondent number one and his family."

The plea has also referred to the apex court's judgement declaring right to privacy as a fundamental right and urged the top court to consider the impact of privacy of not only the woman, but also her family.

"Further, given the extent of religious indoctrination by extremist elements, wherein the respondent number one's daughter is already spewing narratives of hell and the torment meted out to sinners, she may be subject to undue pressure which could be an obstacle to truth seeking and dispensation of justice," it said.

Hadiya, who is forced to stay with her father against her will, recently in a video had revealed the brutality of her father. “My father hits and kicks me when I walk… He may murder me anytime…You need to get me out...” the helpless Hadya said in the video.

Asokan is also not allowing any of Hadiya’s friends to meet her. In last few months, many Snagh Parivar activists have visited their house and tried to convince her to convert back to Hinduism, but in vain.
Also Read: He is torturing me; he will kill me: Hadiya reveals father’s cruelty

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Muslim
 - 
Thursday, 23 Nov 2017

May Allah bless Hadiya with Victory. All the evil plans with deception will only give temporary enjoyment for the haters. Be patience, ALLAHs help is NEAR.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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News Network
July 17,2020

Mangaluru, Jul 17: An expert team from Bengaluru has arrived here on Friday to study the factors that have led to the sudden spurt in death due to Covid-19 in Dakshina Kannada district of Karnataka in the recent past.

The team has arrived following a request made by the district administration. The team comprising three experts has already held talks with specialist Doctors, according to official sources.

It will examine the reports on the treatment provided to the patients who have succumbed to the infection and will submit a report citing reasons for the increase in deaths, the sources added.

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News Network
March 1,2020

Mangaluru, Mar 1: A youth lost his life in a lift crash at a wedding hall at Kallapu near Thokkottu on the outskirts of the city today. 

The deceased has been identified as Hamzah (30), a resident near Thumbay, who was part of the catering team hired for the marriage ceremony. 

The tragedy occurred at around 2 p.m. when Hamzah was getting ready to bring utensils and other things by lift from the third floor of the hall. All of a sudden, the lift’s ropes came loose and Hamzah lost his balance and got trapped inside.

He was pulled out and rushed to a hospital in Deralakatte, but he breathed his last on the way. He is survived by his wife and three children.

Comments

Mbeary
 - 
Sunday, 1 Mar 2020

Inna lillah.. I think someone with a good computer knowledge under an organisation shud come up with fund raisals so that we can donate in a transparent manner

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