SC upholds Hadiya’s rights, sets aside Kerala HC order annulling her marriage

Agencies
March 8, 2018

New Delhi, Mar 8: In a relief to Kerala-based Hindu-convert-Muslim woman Hadiya, the Supreme Court today set aside the high court order annulling her marriage to a Muslim man.

A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud, however, said that the National Investigation Agency (NIA) may continue its investigation in the matter.

The apex court had in August last year asked the NIA to probe the case of conversion and marriage of Hadiya, as the agency claimed a "pattern" was emerging in Kerala.

The matter came to the fore when Shafin Jahan, Hadiya's husband, had challenged a Kerala High Court order annulling his marriage with her and sending the woman to her parents' custody.

On November 27 last year, the apex court had freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she had pleaded that she should be allowed to go with her husband.

The high court had in May last year annulled the marriage just because Hadiya’s father called it a case of love jihad. Hadiya had repeatedly claimed that her father was a liar who tortured her during house arrest for embracing Islam.

Comments

Fatima
 - 
Thursday, 8 Mar 2018

Victory for Kerala’s greatest woman fighter on international woman’s day. Congrats sister Hadiya

Well wisher
 - 
Thursday, 8 Mar 2018

Alhamdulillah. Truth will prevail, falsehood will perish. Satyameva Jayathe.

System is harassing her just because she reverted back? May Allah (SWT) give her and us good patience to strive in his path. Aameen.

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News Network
July 17,2020

Bengaluru, Jul 17: The Karnataka State Board of AUQAF has ordered that management committees at Muslim Khabarastans, shall not refuse burial to Muslims died due to COVID-19.

"...in exercise the powers conferred under Waqf Act 1995, it is hereby ordered that management Committees/Muthawallies/Administrators responsible for the management of Muslim Khabarastans in the state of Karnataka irrespective of registered or unregistered in the Waqf, shall not refuse the burial of Muslims died due to COVID-19 pandemic," read an order from the Karnataka State Board of AUQAF on Thursday.

"They shall co-operate with all the Nodal Officers designated for this purpose regarding the decent burial. Non co-operation or refusal on the part of the management will be construed as an insult committed to the deceased. Any violation of the above order will attract the punitive provision of Indian Penal Code and removal from the management as per the provisions of the Waqf Act 1995," the order read.

It further said that the Waqf Officers, District Wakf Advisory Committees of the state, shall ensure the adherence of this order, and circulate the same to all the Khabarastan managements, registered or unregistered in the state.

"No further deliberation in this regard is solicited except compliance of the order in letter and spirit. Any dereliction in this regard will be viewed seriously," it read.

Giving a background on the issue of burial of COVID-19 deceased, the order read, "It is observed that, number of deaths are being occurred in various Districts of Karnataka, due to COVID-19 pandemic and it is reported that, some of the management committees of Khabarastan, are not cooperating to bury the dead bodies of COVID-19."

"A decent burial is a right of the dead person" as per the law of the land and the Islamic jurisprudence. It is needless to emphasize the importance of burial of Muslim dead bodies in Shariah. The dead body of a Muslim is treated with the utmost respect by the Ummah, joining in the funeral (Tadfeen), participating in the Namaz-e-Janaza and the burial are considered as Farz-e-Kifaya in Muslim law. According to the tradition of Islam, the person who participates in the funeral is entitled to Mountain sized reward (Sawaab)," the order read.

As per the order, the board, in its earlier circular had also cautioned the management of Waqf institutions and Khabarastan which were reluctant to allow the decent burial in the Khabarastan would be punished under the provisions of Indian Penal Code and the punitive provisions of the Waqf Act 1995 as well.

"The District Magistrates and the Superintendent of Police in the districts have been requested to prosecute the erring management committees who are responsible for non co-operation in this regard. Hence, the following order," it added.

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News Network
June 1,2020

Bengaluru, Jun 1: Karnataka's Department of Health and Family Welfare on Sunday released the protocol for inter-state travellers to the State during phased reopening --#Unlock1.

Five points protocol in this regard are: 1. Mandatory Self- Registration on Seva Sindhu Portal by all travellers before entering Karnataka:

a. Name, Address and Mobile Number to be provided

b. No approval required

c. Use of same Mobile number for multiple registrations not allowed except in the case of a family.

d. Business visitors to give details (name, mobile and address of persons in Karnataka they intend to meet).

e. Transit travellers to provide an address in destination state and indicate exit check post from Karnataka.

2. Health Screening of all incoming persons at entry points.

a. Border Check-posts, Airports, Railway stations and Bus stand

b. Home Quarantine hand-stamping on hand for 14-days period as per quarantine norms

3. Quarantine norms are based on three parameters

I. Symptomatic on arrival from any State: 7 days of Hospital isolation at COVID Care Centre(CCC)/Dedicated COVID Health Centre (DCHC) followed by 7 days of home quarantine or manage as per symptoms.

II. Test immediately on arrival: If positive, shift to Dedicated COVID-19 Hospital (DCH). If negative, no further test required

III. Asymptomatic on arrival:

* For persons coming from Maharashtra

a) 7 days of institutional quarantine followed by 7 days of home quarantine

b) Test if they develop symptoms during the quarantine period

c) Exceptions for Special Category Asymptomatic persons--14-days home quarantine (one attendant to be permitted) and Special category passengers--Death in the family, Pregnant Women, Children aged below 10 years, Elderly aged above 60 years, Serious illness, Human Distress

d) Business travellers from Maharashtra: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival.

In case one is coming by road, he/she should provide the address proof of person in Karnataka he intends to meet. In addition, the person should produce -- one having COVID-19 negative test certificate, which is not more than two days old -- exempted from quarantine.

One does not have a COVID-19 negative test certificate, such a person should go for institutional quarantine of two days within which COVID-19 test should be conducted at his/her own cost. After the test result is negative, the person is exempted from quarantine. No hand stamping of the business visitor is required.

e) All travellers from Maharashtra who come with COVID-19 negative test certificate from an ICMR approved lab, which is not more than two days old from the date of arrival, are exempted from seven days of institution quarantine. They can be asked to go for 14 days of home quarantine.

f) Transit traveller from Maharashtra: To establish that one is a transit traveller, a person should show flight/ train ticket for the onward journey which should not be more than 1 day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

*For persons coming from other States

a) 14 days of home quarantine

b) Test if they develop symptoms during the home quarantine period

c) For persons where home quarantine is not possible, then institutional quarantine should be done, especially when we have a large family or no separate room for home quarantine, slum or overcrowded areas where home quarantine can not be followed.

d) Business visitors from the Other States: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival. In case one is coming by road, he/she should provide the address proof of the native State. No quarantine, and no hand stamping for business visitors from other states.

e) Transit traveller from the other States: To establish that one is a transit traveller, the person should show flight/train ticket for the onward journey which should not be more than one day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

4. Home Quarantine: Home quarantine follow-up for all incoming persons except business visitors and transit travellers

A. For Rural Areas--

* Home quarantine poster on the home door.

* Information to two neighbours

* Gram Panchayat Task Force to carry an overall responsibility of Home Quarantine

* 3-Member team in every village to monitor

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App-daily self-monitoring upload-Temperature, Finger-tip pulse-oximetry for elderly and persons with co-morbidity

B. For BBMP and other Urban Areas--

* Home Quarantine Poster on the home door.

* Information to two neighbours and resident welfare/apartment owner's association.

* Ward level team to carry an overall responsibility of home quarantine

* 3-member team at booth level to monitor along with the involvement of Resident Welfare/Apartment Owners' Associations

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App: Daily self-monitoring upload- temperature, finger-tip pulse-oximetry for elderly and persons with co-morbidity

Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

According to the Union Health Ministry, there are 2,922 confirmed COVID-19 cases in the State including 1,877 active cases, 997 recovered and 48 deaths.

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News Network
March 19,2020

Bengaluru, Mar 19: Medical Education Minister Dr Sudhakar on Wednesday said that the government is increasing the number of labs for COVID-19.

"For the last two months, screening has been done at airports. Quarantine is also being done. The situation was reviewed by the state cabinet. All passengers from abroad will be home quarantined or they can stay at government facilities or budget hotels or resorts or private hospitals," Sudhakar said in the Assembly.

"We have issued many advisories. Until 31st March, pubs, and hotels, religious events, should not have an assembly of more than 100 persons. Two bulletins will be issued twice a day. All those who arrive from abroad will be stamped that they have arrived from abroad. Covid-19 is growing at a phenomenal pace. We need not panic but we need to be cautious," he said.

Sudhakar continued: "There are 54 labs in the country. Karnataka has five labs, the most among all states. We are increasing the number of labs. In our country, we have tested less than 10 per cent. In Karnataka, we should conduct test on more people."

The minister said the government will devise a way to be able to track down all those home quarantined through their mobile phones.

"Karnataka stands fourth after Maharashtra, Kerala and Uttar Pradesh. We are in the second stage. The next 2-3 weeks are detrimental. This is a pandemic situation. People have to also take responsibility. Social distancing is the real solution and key to eradicating this COVID-19. In the larger interest of the health of the state, we have to take drastic measures," he said.

"We are now in the 2nd stage. The next 3 weeks are very important. If we take care, the state can escape what's happening worldwide," he said.

Congress MLA UT Khader demanded action against those people who do not follow rules.

"Only shutting airports will not help. What about domestic passengers? Coronavirus must come under Ayushman Bharat. Keep isolated patients away from normal people in the ICU in government hospitals. Take action against those who do not follow the rules," he said.

Congress MLA Dr Yathindras said that screening is not enough and travelers need to be lab tested.

A total of 151 positive cases of coronavirus have been reported in India so far, the Union Ministry of Health and Family Welfare said on Wednesday.

Thirteen positive cases of COVID-19 have been reported in Karnataka till today.

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