Personal laws cannot be in conflict with Constitution: Law Commission

Agencies
August 31, 2018

New Delhi, Aug 31: The Law Commission in its consultation paper released on Friday said that personal laws, by virtue of being enacted as laws, cannot be codified in a way that contradicts the Constitution.

The Commission, however, clarified, that certain issues such as polygamy, nikah halala, settlement of a Parsi wife's property for benefit of children, and the law on adultery are presently sub judiced before the Supreme Court, hence, comprehensive changes on some of these have not been suggested at this stage.

The Commission said that in the absence of any consensus on a uniform civil code the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India.

"In order to achieve this, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law, these should be remedied by amendment," the Commission added.

The Commission asserted that codification of discriminatory custom regardless of how commonly acceptable they may be, can lead to crystallisation of prejudices or stereotypes.

The consultation paper discussed the introduction of new grounds for 'no fault' divorce accompanied by corresponding changes to provisions on alimony and maintenance, rights of differently-abled individuals within marriage, the thirty-day period for registration of marriages under Special Marriage Act; uncertainty and inequality in age of consent for marriage, compulsory registration of marriage, bigamy upon conversion etc.

Under the Hindu Law, the paper among other issues, discussed problems with provisions like restitution of conjugal rights, and suggested the inclusion of concepts such as 'community of property' of a married couple, abolition of coparcenary, rights of illegitimate children etc. There are further suggestions for addressing self-acquired property of a Hindu female.

Under Muslim Law, the paper discussed the reform in inheritance law through codification of Muslim Law on inheritance, while ensuring that the codified law is gender just. The paper also discussed the rights of a widow, and the changes application to general laws such as introduction of community of (self acquired) property after marriage, inclusion of irretrievable breakdown of marriage as a ground for divorce.

Under Parsi Law, there are suggestions related to protecting married women's right to inherit property even if they marry outside their community.

The paper also suggested expansion of the Juvenile Justice (Care and Protection) Act, 2015, to make it into a robust secular law that can be accessed by individuals of all communities for adoption. There are suggestions for amending the guidelines for adoption and also to alter the language of the Act to accommodate all gender identities.

On the issue of custody and guardianship laws, statutory or customary, the Commission suggested that the 'best interest of the child' has to remain the paramount consideration in deciding matters of custody regardless of any prevailing personal law in place.

"Although the sixth schedule provides exemptions and exemptions to states in the North East and tribal areas, we suggest that efforts of women's organisations in these areas be acknowledged and relied upon in this regard to suggest ways in which family law reform could be aided by the state even when direct intervention may not be possible," the Commission added.

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Agencies
January 4,2020

New Delhi, Jan 4: "Sovereign, socialist, secular, democratic republic" is how India is referred to in the preamble of the Constitution. However, J Nandakumar, a key RSS leader and All India Convenor Prajna Pravah, a Sangh offshoot, wants India to reconsider the inclusion of the word "secular", claiming secularism is a "western, Semitic concept".

In an exclusive interview to news agency, Nandakumar said: "Secularism is a western, Semitic concept. It came into existence in the West. It was actually against Papal dominance."

He argued that India does not need a secular ethos as the nation has moved "way beyond secularism" since it believes in universal acceptance as against the western concept of tolerance.

The RSS functionary on Thursday released a book here named "Hindutva in the changing times". The book launch event was also attended by senior RSS functionary Krishna Gopal.

Nandakumar, who has attacked the Mamata Banerjee government in his book for alleged "Islamisation of West Bengal", told IANS: "We have to see whether we need to put up a board of being secular, or that whether we should prove this through our behaviour, actions and roles."

It is for society to take a call on this, rather than by any political class, on whether the preamble to the Indian Constitution should continue to have the word "secular" in it or not, he added.

In between signing his books and obliging wannabe Hindutva cadres with selfies, Nandakumar said that the very existence of the word "secular" in the preamble was not necessary and how the constitution founders too were against it.

"Baba Saheb Ambedkar, Ladi Krishnaswamy Aiyaar -- all debated against it and said it (secular) wasn't necessary to be included in the preamble. That time it was demanded, discussed and decided not to include it," he said.

Ambedkar's opinion was, however, disregarded when Indira Gandhi "bulldozed" the word "secular", in 1976, said the head of the Prajna Pravah, an umbrella body of several right-wing think-tanks

As Nandakumar prepared to return to his base in Kerala, where, he emphasises, the RSS has its work cut out in the "fight against the Kunnor model", he said that the inclusion of "secular" was done with the intent to damage the concept of Hindutva.

"It was to demolish, destroy the overarching principle of Hindutva that binds us together", he said.

Asked whether the Sangh would pressurise the BJP, which has 303 seats in the Lok Sabha, to omit "secular" from the Constitution preamble, Nandakumar smilingly refused to reply.

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coastaldigest.com news network
January 15,2020

Mangaluru, Jan 15: The coastal city of Mangaluru witnessed a historic event as a sea of humanity converged at the Shah Gardan Maidan in Adyar-Kannur to register their protest against the Citizenship (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) besides the “categorical mistreatment” of Muslim community at the hands of the police across the country including in Mangaluru.

The protest is jointly being organised by the various Muslim organisations of Dakshina Kannada and Udupi district under the leadership of Muslim Central Committee. 

The main staged is named after Shaheed Jaleel Kudroli and Shaheed Nausheen, who were ruthlessly gunned down by the police during a chaos that erupted on December 19 in the city due to police batten charge against people during a minor protest against NRC. 

Even thought the police had banned public transport and blocked the highway to reduce the number of protesters, around one-and-a-half lakh people had reached the venue when the historic meeting commenced at 2:30 p.m. By 4 p.m. the number of protesters crossed 2 lakh, according to the organisers.

Both sides of the highway were filled with those who came to witness the rally and traffic went haywire along a five-kilometre stretch of the road. The people who took part in the rally were seen waving national flags.

The protest rally was inaugurated by Udupi Khazi Bekal Ibrahim Musliyar. Dua was offered by Dakshina Kannada Khazi Twaka Ahmed Musliyar. 

Addressing the protesters, former IAS officer and activist Kannan Gopinathan alleged that the Centre wants to create fear among all sections of people and silence them. Society began to protest when the government crossed the limits and put curbs on democratic freedom, he claimed.

The Centre thought that they can get away with CAA and NRC. However, people have realised the truth and have started coming out onto the streets, Gopinathan added.

Activist Harsh Mander said the theme of the protest against the CAA and NRC is "national flag in one hand, Constitution is another and people will march forward with love in their hearts”.

“The fight against NRC is the fight for the protection of our Constitution. The BJP is using NRC as a weapon to divide the people after Article 370 and Ram Mandir construction," he said and warned the Centre: “The more you try to divide us, the stronger and united we’ll be”

Human rights activist Shivasundar said the "chowkidar" appointed by the people is now asking them whether they are the real owners of their houses.

The BJP only delivered hollow promises which is evident from the rising unemployment, fall in GDP, farmers suicides and the economic slowdown, he alleged.

MLA UT Khader, MLC BM Farooq, former MLA Mohiyuddin Bava, Muslim central committee president KS Mohammed Masood, Ullal Qazi Fazal Koyamma Tangal, Dakshina Kannada district Wakf committee president UK Monu Kanachur, Sunni Youth Federation state general secretary Abdul Rashid Zaini and Karnataka Samastha Mushavara state secretary UK Abdul Aziz Darimi were present among others.

Also Read: 

#MangaluruAgainstNRC | Undeclared bandh in parts of Dakshina Kannada

‘Who are you? Are you British?’ PFI leader lambasts Mangaluru top cop at anti-NRC protest

Comments

wilfred
 - 
Friday, 17 Jan 2020

useless protest , Modi is not manmohan singh , amit shah is not chidambaram .. they are trained RSS men and once RSS men decide they wont go back .jihadists must understand that they cannot win globe with their mentality , thats why you guys flood christain countries in the name of prosecution and believe only population explosion can achieve your dream of darool uloom .ummah is a total flop and islamic countries are just even unable to face israel , forget about others . as per my observation , hindus were secular before , but nowadays in large no they are quitting this kind of secularism .even 10% of hindus become radicalised then it will be big probelm for anti india forces .muslim organisations are totally misleading muslim community in the name of CAA

 

 

You people made it!, Congratulations-Mangalore
 

I am extremely happy with the grand Success of Adyar kannur Mangalore NRC, CAB, NPR protest on January 15, 2020

It is a Unbelievable turn out. Mangalore people have made history. Alhamdulillah.
It is heartening to see the hard work, dedication and effort put by the leaders & there team to organize this function and bring in to its complete success and spirit. It’s an incredible achievement for Muslim central committee & its other 30 + supportive organizations. Which managed to accomplish so many tasks to its utmost goal set, and In sah Allah all there forthcoming projects will be a complete success. With immense pleasure I congratulate for the commanding leadership .innovative ideas, hard work, sincerity, dedication towards the community causes is highly appreciable

• My heartfelt thanks to the head of all Organizations, members and Volunteers without whose contribution it wouldn’t have achieved this task. The people of our Society have, time and again placed their trust and confidence in the basic values of Humanity. This has shown in the kind of Wishes shown by people from all walks of life. It is very pleasant to see, how Community has responded for a cause
• We the civil society assure our community members that we shall do our best of best to address the problems that society is facing.

 

Vande mataram  RSS chaddil muutaram...they sang like that...

just one call all muslim comes under one banner....what ever law you bring

 

 

Indian
 - 
Wednesday, 15 Jan 2020

Ma Sha Allah. may allah give success.aameen

Saudi
 - 
Wednesday, 15 Jan 2020

Did they sing Vande Mataram???

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News Network
July 16,2020

New Delhi, Jul 16: India's pharmaceutical industry will be able to produce Covid-19 vaccines not just for the country but also for the entire world, according to Microsoft co-founder and philanthropist Bill Gates.

A lot of "very important things have been done" in India and its pharma industry is doing work "to help make the coronavirus vaccine building on other great capacities that they have used for other diseases", said the Co-Chair and Trustee of Bill and Melinda Gates Foundation.

Speaking in a documentary -- Covid-19: India's War Against The Virus -- to be premiered on Discovery Plus this (Thursday) evening, Gates said India also faces a huge challenge due to the health crisis because of its gigantic size and urban centres with a lot of population density.

Commenting on the strength of India's pharma industry, he said, "India has a lot of capacity there -- with the drug and vaccine companies that are huge suppliers to the entire world. You know, more vaccines are made in India than anywhere-- starting with Serum Institute, that's the largest."

He further said, "But (there are) also Bio E, Bharat (Biotech), many others. They are doing work to help make the coronavirus vaccine, building on other great capacities that they have used for other diseases."

Stating that India joined Coalition for Epidemic Preparedness Innovations (CEPI), which is a group working on a global basis to build vaccines platforms, Gates said, "I am excited that the pharmaceutical industry there will be able to produce not just for India but also for the entire world. (This is) What we need to reduce the deaths and make sure we are immune, which is how we end the epidemic."

Gates said Bill and Melinda Gates Foundation is also a "partner with the government, particularly with the department of biotechnology, the Indian Council of Medical Research (ICMR) and the office of the principal scientific advisor provide advice and help about getting these tools going".

Commenting on the deadly virus breaching India's borders in the documentary which was shot extensively during the period of lockdown, he said, "India is still at the beginning of this, but there's a lot of very important things have been done.

“It's a huge challenge with India because you've got a gigantic country. You've got your urban centers with a lot of density-- and so that-- drives the spread. You have people moving around."

He, however, added: "Yet people are stepping up... Looking at how we reduce the spread while trying not to reduce food availability, equipment that people need."

Highlighting Gates foundation's role, he said it has "worked for the Indian government on health issues like introducing new vaccines over the last decade; and so when Covid-19 came along, we stepped in and said you know where are the gaps, we have been funding work on detection and isolation.

“We have been particularly active in UP and Bihar where we have done health delivery in the past."

The foundation is also working with the department of personnel and training to take their online training platforms and "are now using that guidance to help their frontline health workers", Gates said. 

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