Supreme Court orders NIA probe into Hindu girl’s conversion to Islam

coastaldigest.com web desk

August 16, 2017

New Delhi, Aug 16: The Supreme Court on Wednesday ordered a National Investigation Agency (NIA) probe into the plea of a Muslim man whose marriage with a Hindu convert Muslim woman (Akhila alias Hadiya) was annulled by the Kerala High Court as per the request of her Hindu parents.

A bench of Chief Justice of India Jagdish Singh Khehar and justice DY Chandrachud ordered NIA to launch a probe into the conversion and marriage of the girl, who was known as Akhila but converted to Islam and changed her name to Hadiya, to a Muslim man, Shafin Jahan. The marriage had taken place in 2016.

Justice RV Ravindran, a retired judge of the apex court, will supervise the investigation.

The Kerala HC on May 25 had declared as "null and void," the marriage of 24-year-old Hadiya who had renounced Hinduism and embraced Islam on her own will. However, the court had described the case as an instance of 'love jihad' and ordered the state police to conduct probe into such cases.

In its earlier hearing, the apex court had termed the case as "serious" and "sensitive". The bench had asked the NIA and father of the woman to give all the materials in their possession to the court.

"These are very sensitive issues.. It's a serious matter... You give us all the materials you have," the apex court had told them.

"Issue notice. Madhvi Divan, advocate... on behalf of respondent number one (father) seeks a week's time, so as to enable her to place material on the record of this case. Prayer is allowed. Needful be done within one week from today," the bench said.

The woman's husband, Shafin Jahan, has filed a plea challenging the HC order saying it was an "an insult to the independence of woman in India".

Advocate Madhvi Divan, appearing for Hadiya's father, said she was a "helpless victim" trapped by a "well-oiled racket" which used "psychological measures" to indoctrinate people and convert them to Islam.

The lawyer went on to claim that Jahan was a criminal and Akhila was trapped by a network with connections to Popular Front of India and even the Islamic State. However, the lawyer did not provide any proof for his claim.

Background

Ashokan Mani, an ex-serviceman filed Habeas Corpus petition before the Kerala High Court on January 25, 2016 when he found that his daughter Akhila (now Hadiya) was missing from the campus she studied. Akhila was a student of the Bachelor of Homeopathic Medicine and Surgery course in Salem.

In his petition, Ashokan alleged that his daughter was forcibly converted to Islam and sought the help of the court to find her. Ashokan named two of Akhila's classmates Jaseena Aboobaker and her sister Faseena - residents of Perinthalmanna - as the persons behind her disappearance from the campus under mysterious circumstances.

Ashokan said in his petition that Akhila and eight other friends including Jaseena and Faseena were staying in a rented house near their college in Salem. They used to visit her friends' home in Perinthalmanna during holidays.

Daughter was afraid of Hindu father

Ashokan mentioned in his petition that he noticed some behavioural changes in her daughter when came home to attend her grandfather's funeral in December 2015. Ashokan said that Akhila was not ready to perform Hindu rituals.

On January 6, 2017 Ashokan received a phone call from the father of one of Akhila's classmate informing him that his daughter was seen wearing veil and that she was converted to Islam.

The news was a shock to Ashokan. Family members passed information to Akhila that her father suffered a mild heart attack because of her. However, she was not ready to visit father as she was afraid that he may not allow her to follow Islam.

Father’s allegation and daughter’s clarification

Ashokan later told police that Akhila had informed him that she was being forcibly held by people including Jaseena and Aboobacker. Ashokan claimed in his petition that those people were engaged in forcible conversion of vulnerable youths of other faiths.

On the complaint by Ashokan, police began probe. Hadiya was found but she submitted an affidavit before Perinthalmanna police that she was following Islam since 2012 and had willingly left her home. She rubbished the allegation made by her father and family members.

Hadiya told the police officials that she joined a course run by Tharbiathul Islam Sabha, Kottackal in Malappuram to learn Islam and shifted her residence to Satyasarani in Manjery - an Islamic Institution.

According to her affidavit, Hadiya stayed in Aboobacker's home for a brief period. Hadiya later shifted to Satyasarani's hostel for girls and completed her course. Satyasarani introduced her to Sainaba from Ernakulam and started staying with her after her father filed Habeas Corpus petition.

First order of high court

Hadiya told the court that she was not under any illegal confinement against her free will. She also told the court that she was not willing to go to her father's house. She insisted that she wanted to pursue her Islamic studies at Satyasarani.

In June last year, the Kerala High Court allowed Hadiya to stay with Sainaba. Later Hadiya informed the court that she had taken admission in Satyasarani and produced records of her admission in the religious institution. Consequently, Kerala High Court dismissed the Habeas Corpus petition filed by Ashokan Mani.

Father introduces ‘terror’ angle

The June 2016 order of the Kerala High Court should have been the end of the matter. But, ex-soldier Ashokan Mani decided to file habeas corpus petition. Ironically, this time he raised terror angle!

Ashokan alleged that her daughter was converted to Islam at the behest of the ISIS. He feared that Hadiya might be taken out of India to join the ranks of Islamic State in Afghanistan.

Ashokan mentioned about two separate cases of women vanishing from Kerala allegedly to join the ISIS terrorists in Afghanistan after they were converted to Islam and married to Muslim men.

Twists and Turns

The Kerala High Court, at first, was not impressed with the reference to the ISIS. The court asked Ashokan's lawyer CK Mohanan to delete the reference to the ISIS in his petition as it was irrelevant.

But, Mohanan was insistent and argued that Kerala police were investigating a case of missing 21 persons from the state. They are suspected to have been taken to Afghanistan. A heated exchange took place in the open court between the lawyers and the bench.

Justices PN Ravindran and Justice Dama Seshadri Naidu slapped ordered contempt proceedings against lawyer Mohanan in 2016. The court pronounced him guilty in the case and sentenced him to three months imprisonment and also imposed a fine of Rs 1,000.

Ashokan assured the court that he would not engage Mohanan in future. The high court shifted Hadiya from the custody of Sainaba to SNV Sadanam, Ernakulam - a ladies' hostel.

Meanwhile, Hadiya got married to Shafeen Jahan of Kollam in December last year. The matter came up in January this year before the Kerala High Court, which was hearing the second Habeas Corpus writ filed by Ahokan.

Hadiya produced marriage certificate issued by Puthur Juma Masjid in Malappuram and marriage registration certificate by local panchayat authorities. But, the Kerala High Court has declared both the marriage and the certificates as invalid.

Why HC nullified wedding?

The court in its judgment said that the marriage was done by strangers and her parents did not participate in the function.

"Marriage being the most important decision in her (Hadiya’s) life can only be taken with the active involvement of her parents," the Kerala High Court observed.

"The marriage, which is alleged to have taken place, is a sham and is of no consequence in the eye of law. Her husband has no authority to act as the guardian,'' the court further remarked.

The Kerala High Court also directed the State Police Chief to conduct departmental inquiry against Perinthalmanna Deputy Superintendent of Police for not investigating the case properly and take appropriate action.

The court verdict said that investigation should also be carried out about the activities of Sathyasarani, a renowned Islamic educational institution at Manjeri regarding conversion of religion.

The court also had ordered an investigation into whether there was any breach on the part of the officer who had investigated the case earlier. It is to be noted that the investigating officer appointed by the same court had categorically said that the complainant’s claims were baseless.

Comments

Her Father and many like him have fallen to the mind wash of the media... We request the father to read the QURAN once in your life time or atleast now to avoid the confusion on his daughter who started to worship ONE GOD ALLAH which is also mentioned in your vedas and BG. God made us to worship him alone ... YOUR DAUGHTER recognised that but U need to recognize too...Please read the book of the CREATOR, The QURAN, ALLAH loves when the creation try to know about him and PONDER on how all this exists and also knowing the perfectness in the creation of human being... as well as those which are visible and not visible to us.

Allah is able to do all thing... The media 24/day tries to demonize ISLAM and Muslims... but ALLAH has a different plan . The more they demonize , the more people are accepting ISLAM, not just in india but all over the world. I think its time to NON MUSLIMs to know about one GOD ALLAH rather than depending on the LIES and deception of the media. QURAN is the manual for human being on how to live a life that ALLAH has given us. Dont be idle .. Learn about GOD before death approaches us. Look the knowledge of MEDIA & compare it with the divine knowledge that is mentioned in the QURAN.ALLAHU AKBAR - God is Greatest.

If some one want to know the circumstances under which the court came to this order you can go through the actual judgement

http://judis.nic.in/Judis_Kerala/list_new2_Pdf.asp?FileName=520925

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Corona scare: Karnataka school students with cold, fever to be given leave

News Network

March 6,2020

Bengaluru, Mar 6: The Karnataka government has directed school authorities to grant leave to students and staff suffering from cold or fever in the light of renewed coronavirus (COVID -19) fears.

"If any student, teacher of staff is suffering from respiratory infections, they should be granted leave. They should be allowed to come back to school only after confirming from the doctor that they are cured. In case of a student or staff staying at hostels developing any symptoms, they should be kept in a separate room," said the government circular.

Aiming at containing the spread of coronavirus, Sriramulu said, "We have formed 1,680 isolation wards in private hospitals. Chief Minister B.S. Yediyurappa has apprised Prime Minister Narendra Modi and Union Health Minister of the situation."

However, the Health Minister said no positive case has been recorded till now in the state.

"Tests are also being conducting on passengers arriving in Karnataka and all precautionary measures are being taken," said Sriramulu about the 40,000 people thermal screened at the Kempegowda International Airport (KIA) in the city. Major private hospitals in the city have geared up to treat suspected cases.

Five Karnataka districts bordering Kerala -- Dakshina Kannada, Kodagu, Udupi, Chamarajanagar and Mysuru -- continue to be under surveillance after three positive coronavirus cases were reported in Kerala

The deadly virus has killed a total of 2,912 people in mainland China till Saturday, bringing the global death toll to more than 3,000, authorities said on Monday.

The Karnataka Health and Family Welfare Department is observing 461 people under home quarantine even as no positive coronavirus case has been reported from the state, an official said on Thursday.

"We are observing 461 people for Coronavirus symptoms at their residences, however, no positive case has emerged from Karnataka," said state Health Department's Joint Director, Communicable Diseases, Prakash Kumar.

The five people under isolated observation at Rajiv Gandhi Institute of Chest Diseases continue to be so on Thursday as well. As many as 273 samples sent from the state for coronavirus testing reported negative.

In Karnataka, 68,717 passengers have been thermal-screened for the virus until now at Kempegowda International Airport in the city and Mangluru International Airport.

Another 5,103 passengers were also checked for the virus at Karwar and Mangluru seaports.

On Thursday, 16 people completed the mandatory 28-day observation period while a total of 225 people also underwent the same.

Karnataka is screening all international passengers and the state health department met the private sector hospitals to take stock of recent developments.

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India ranks 40 out of 53 countries on global Intellectual Property index

News Network

February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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Here's the first phase flight plan for return of Indian nationals stranded abroad

coastaldigest.com news network

May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad: