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
February 5,2020

New Delhi, Feb 5: Union Home Minister Amit Shah on Tuesday announced that the Shri Ram Janmabhoomi Teertha Kshetra, set up by the government for construction of a temple in Ayodhya, will have 15 trustees and one of them will be from the Dalit community.

The statement comes a little over an hour after Prime Minister Narendra Modi announced in Lok Sabha about the constitution of the trust.

"There will be 15 trustees in the Shri Ram Janmabhoomi Teertha Kshetra Trust out of which one trustee will always be from the Dalit society," he tweeted.

Shah congratulated Modi "for such an unprecedented decision" that strengthens social harmony.

The home minister said the trust will be independent to take every decision related to the temple and 67 acres of land will be transferred to it.

"I fully believe that the waiting of millions of people for centuries will be over soon and they will be able to pay obeisance to Lord Shri Ram in his grand temple at his birthplace," he said.

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News Network
January 1,2020

Kolkata, Jan 1: US-based Bangladeshi author and playwright Sharbari Zohra Ahmed feels that the people of the country of her origin are more alike than different from Indians as they were originally Hindus.

But Bangladeshis now want to forget their Hindu roots, said the author, who was born in Dhaka and moved to the United States when she was just three weeks old.

Ahmed, who is the co-writer of the Season 1 of 'Quantico', a popular American television drama thriller series starring Priyanka Chopra, rues that her identity as a Bengali is getting lost in Bangladesh due to the influence of right-wing religious groups.

"How can Bangladesh deny its Hindu heritage? We were originally Hindus. Islam came later," Ahmed said while speaking to PTI here recently.

"The British exploited us, stole from us and murdered us," she said about undivided India, adding that the colonialists destroyed the thriving Muslin industry in Dhaka.

Ahmed said the question of her belief and identity in Bangladesh, where the state religion is Islam, has prompted her to write her debut novel 'Dust Under Her Feet'.

The British exploitation of India and the country's partition based on religion has also featured in her novel in a big way.

Ahmed calls Winston Churchill, the British prime minister during World War II, a "racist".

"He took the rice from Bengal to feed his soldiers and didn't care when he was told about that.

"During my research, I learnt that two million Bengalis died in the artificial famine that was created by him. When people praise Churchill, it is like praising Hitler to the Jews. He was horrible," she said.

The author said her novel is an effort to tell the readers what actually happened.

"Great Britain owes us three trillion dollars. You have to put in inflation. Yet, they (the British) still have a colonial mentality and white colonisation is on the rise again," Ahmed, who was in the city to promote her novel, said.

The novel is based in Kolkata, then Calcutta, during World War II when American soldiers were coming to the city in large numbers.

The irony was that while these American soldiers were nice to the locals, they used to segregate the so-called "black" soldiers, the novelist said.

"Calcutta was a cosmopolitan and the rest of the world needs to know how the city's people were exploited, its treasures looted, people divided and hatred instilled in them," she said.

"Kolkata was my choice of place for my debut novel since my mother was born here. She witnessed the 'Direct Action Day' when she was a kid and was traumatised. She saw how a Hindu was killed by Muslims near her home in Park Circus area (in the city)," Ahmed said.

Direct Action Day, also known as the Great Calcutta Killings, was a massive communal riot in the city on August 16, 1946 that continued for the next few days.

Thousands of people were killed in the violence that ultimately paved the way for the partition of India.

'Dust Under Her Feet' is set in the Calcutta of the 1940s and Ahmed in her novel examines the inequities wrought by racism and colonialism.

The story is of young and lovely Yasmine Khan, a doyenne of the nightclub scene in Calcutta.

When the US sets up a large army base in the city to fight the Japanese in Burma, Yasmine spots an opportunity.

The nightclub is where Yasmine builds a family of singers, dancers, waifs and strays.

Every night, the smoke-filled club swarms with soldiers eager to watch her girls dance and sing.

Yasmine meets American soldier Lt Edward Lafaver in the club and for all her cynicism, finds herself falling helplessly for a married man who she is sure will never choose her over his wife.

Outside, the city lives in constant fear of Japanese bombardment at night. An attack and a betrayal test Yasmine's strength and sense of control and her relationship with Edward.

Ahmed teaches creative writing in the MFA program in Manhattanville College and is artist-in-residence in Sacred Heart University's graduate film and television programme.

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abdullah
 - 
Wednesday, 1 Jan 2020

Is she trying to take over Shoorpanakhi Taslim Nasreen? 

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News Network
May 12,2020

Ahmedabad, May 12: The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama's election in 2017 as void on grounds of malpractice and manipulation.

Justice Paresh Upadhyay cancelled Bhupendrasinh Chudasama's election in an order passed on a petition filed by Congress candidate Ashwin Rathod, challenging the BJP leader's victory from Dholka constituency by a margin of 327 votes in the 2017 Gujarat Assembly polls.

In his election petition, Ashwin Rathod alleged that Bhupendrasinh Chudasama indulged in "corrupt practice and breach of many of the mandatory instructions of the Election Commission, at various stages of the election process, more particularly at the time of counting of votes".

Bhupendrasinh Chudasama currently holds charge of the education, law and justice, legislative and parliamentary affairs, and some other departments in the Vijay Rupani government.

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