Can Hindu law cover Sikhs, Jains, asks SC

November 13, 2012

supreme_court

New Delhi, November 13: If Sikhism, Jainism andBuddhism are separate and distinct religions, can followers of these faiths be bracketed as Hindus under the Constitution and be governed by Hindu personal law, the Supreme Court asked before issuing notice to the Centre and attorney general G E Vahanvati.

Sikh scholar Birendra Kaur in her petition questioned the constitutional and past legislative attempts to obliterate identities of separate faiths by recognizing them under the broad religious connotation of Hindus. She said this negated the constitutional guarantee to each individual to practise and propagate the religion of his/her choice.

'Kaur's petition an expression of frustration'

The Punjab and Haryana high court had dismissed with caustic observations a petition by Sikh scholar Birendra Kaur questioning the constitutional and past legislative attempts to obliterate identities of separate faiths by recognizing them under the broad religious connotation of Hindus, but an SC bench of Chief Justice Altamas Kabir and Justices S S Nijjar and J Chelameswar not only entertained her appeal but also framed the question for adjudication.

"This petition is seeking to express and make clear the frustration and disappointment of a large part of the Sikh community which feels its identity as Sikh is undermined by certain clauses and titles of certain statutes which club Sikhs under the definition of Hindu," senior advocate Colin Gonsalves argued.

The SC said, "Issue notice on the question as to whether the inclusion of people professing the Sikh, Jain or Buddhist faiths could be included in the enactments relating exclusively to persons professing the Hindu religion, within the ambit of Explanation II to Article 25(2) of the Constitution. Let notice be issued separately to the AG also, to be served both through the ministry of minority affairs as also through the central agency, returnable six weeks hence." However, the petitioners said a constitutional mischief arose through Explanation II, which said, "The reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly." The petition said making a law applicable to all religions was one thing but it would be discriminatory to refer different religions by the name of a religion.

The petitioner added, "The Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 and the Hindu Minority and Guardianship Act, 1956, use the word Hindu to include Sikhs, Buddhists, Jains and others, even though it is clarified that these are separate religions." Would it be acceptable if the name of the Hindu Marriage Act was changed to Buddhist Marriage Act and made applicable to all four religions, the petitioner asked.


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News Network
May 9,2020

Thrissur, May 9: Five people were arrested for allegedly conducting congregational prayers at a mosque here in violationofthe COVID-19 lockdown norms.

A case was registered against five people for conducting evening prayers on Friday, police said.

We received information that prayers were being conducted in the mosque, they said adding they were held at Eriyad Masjidul Bilal mosque here.

On Friday, four people, including the president of a local temple trust, were arrested for allegedly conducting a religious recitation in a temple here in violation of lockdown restrictions.

Though lockdown conditions have been eased in accordance with the Centre's guidelines, public gatherings, including functions, weddings, political events and religious gatherings were not allowed.

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News Network
March 13,2020

New Delhi, Mar 13: Delhi's Tis Hazari Court on Friday sentenced expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar and six others to 10 years imprisonment for the death of Unnao rape survivor's father. Sengar is already serving life imprisonment for raping the minor.

While sentencing them, District Judge Dharmesh Sharma said, "There can be no denying that rule of law was broken. Sengar was a public functionary and had to maintain the rule of law. The way the crime has been committed, it does not call for leniency."

Sengar and his brother Atul has been directed to give 10 lakh compensation to family of the victim for loss of their father. "There are four minor children involved, three girls and one boy. They have also been uprooted from native place," the judge said.

Seven people, including Sengar, his brother and two police personnel, were held guilty for culpable homicide and criminal conspiracy, earlier this month.

The case pertains to the death of rape survivor's father in custody on April 9, 2018. It was alleged that he was assaulted following a quarrel with some of the accused in the case.

He was taken to the police station and then framed for allegedly possessing an illegal firearm. Pursuant to this, he was sent to custodial remand, during which he died.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the Supreme Court's directions in August last year. Both the death and illegal firearm case was later clubbed by the court.

During the arguments on sentencing on March 12, Sengar had told the court that he should be "hanged and acid poured into his eyes if he has done anything wrong".

The former MLA had also raped the daughter of the deceased in 2017 in Uttar Pradesh's Unnao district and was sent to jail for "remainder of his natural biological life", last year.

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Agencies
May 26,2020

In a startling revelation, cybersecurity researchers have claimed that a hacker has posted personal details of nearly 2.9 crore Indian job seekers at one of the hacking forums on the Dark Web for free.

As part of the regular sweep over the Deep Web and Dark Web, researchers from cybersecurity firm Cyble came across an interesting item, where a threat actor posted 2.3GB (zipped) file on one of the hacking forums.

"The leak actually has a lot of personal details of millions of Indians Job seekers from different states," Cyble said in its blog on Friday.

This breach includes sensitive information such as email, phone, home address, qualification and work experience etc from job seekers spanning across states, from New Delhi to Mumbai and Bengaluru. 

Cybercriminals are always on the lookout for such personal information to conduct various nefarious activities such as identity thefts, scams, and corporate espionage.

"It appears to have originated from a resume aggregator service given the sheer volume and detailed information," it added.

Cyble indexed this information at ‘AmIbreached.com; – Cyble's data breach monitoring and notification platform.

Cyble researchers have identified a sensitive data breach on the dark web where an actor has leaked personal details of nearly 29 million Indian job seekers from various states. 

"Cyble's team is still investigating this further and will be updating their article as they bring more facts to the surface,” it said in a statement.

Cyble said it has acquired the leaked data. 

The same cyber security firm earlier exposed that Bengaluru-based edtech firm Unacademy was hacked.

According to Cyble researchers, nearly 22 million Unacademy user accounts were affected and the data was dumped and sold on Dark Web.

'We would like to assure our users that no sensitive information such as financial data or location has been breached," said Hemesh Singh, Co- Founder and CTO, Unacademy, in a statement.

In April, hackers sold personal data of a whopping 267 million Facebook users for just Rs 41,500 (approximately 500 Euros) that includes email addresses, names, Facebook IDs, dates of birth and phone numbers.

No passwords of the 267 million Facebook users were exposed by the hacker, according to Cyble.

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