SC can't question Muslim personal law: Jamiat-Ulama-e-Hind

February 6, 2016

New Delhi, Feb 6: Jamiat-Ulama-i-Hind, the powerful body of Muslim clerics, has said that Muslim personal law flows from the Holy Quran and cannot be subjected to any scrutiny by the Supreme Court based on principles of the Constitution.

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"Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression 'laws in force' as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality)," the JUH application filed through advocate Ejaz Maqbool said.

The assertion by the body marks a fierce challenge to the intent to extend the principle to gender equality to Muslim women and can open a fresh phase in the debate on whether personal laws based on religion can trump the Constitution. The debate will require the BJP-led government to spell out its stand on the fraught issue.

Last year, while entertaining a petition, a two-judge bench of Justices A R Dave and Adarsh Goel had directed registration of a separate PIL to consider the rights of Muslim women as there was no safeguard against arbitrary divorce (triple talaq) and second marriage by Muslim men during subsistence of their first marriage. The court had issued notice to the attorney general and National Legal Services Authority (Nalsa).

On Friday, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi took up the petition titled 'Muslim Women's Quest for Equality' and agreed to make JUH a party to the proceedings and sought responses from the JUH, the AG and Nalsa on the questions posed by the SC in six weeks. All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case.

The JUH also referred to Article 44, which figures as a provision in the Constitution, providing that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the JUH said, "Article 44 envisaging UCC is only a directive principle and is not enforceable. This article by implication recognizes the existence of different codes applicable to different religions in matters of personal law and permits their continuance until the state succeeds in its endeavour to secure for all citizens a UCC."

It said the Muslim Women (Protection of Rights on Divorce) Act, 1986, a legislation brought by the Rajiv Gandhi government to step around the SC directed equality in maintenance for Muslim women in Shah Bano case, provided for the rights of Muslim women in matters of divorce and maintenance.

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IBRAHIM.HUSSAIN
 - 
Sunday, 7 Feb 2016

Is supreme court is law making body?

It cannot poke his nose in making law for any religious or minority groups of India.

Better to stay away from admitting the petition or allow JUH as party in the petition.

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News Network
May 1,2024

Bengaluru: A red alert denoting severe heat wave has been issued for six districts of Karnataka by the Karnataka State Natural Disaster Monitoring Centre (KSNDMC), as temperatures are likely to cross 46 degrees Celsius.

Bagalkote, Belagavi, Dharwad, Gadag, Haveri and Koppal districts will see temperatures ranging from 40 to 46 degrees Celsius between May 1 and May 9, according to KSNDMC.

The monitoring centre also pointed out that when comparing the maximum temperature recorded in Karnataka in the past seven years – between 2017 and 2024 – April 30, 2024 recorded the highest, 45.6 degrees Celsius.

Meanwhile, in a statement released by the India Meteorological Department in Bengaluru, the trough/wind discontinuity from southeast Madhya Pradesh to South Interior Karnataka (SIK), across Vidarbha, Marathawada and North Interior Karnataka (NIK) extending up to 1.5km above mean sea level persists.

But as per IMD, the department issued a severe heat (red) alert only when the actual maximum temperature crosses 47 degrees Celsius.

The maximum temperatures are likely to continue and also be around 40 to 46 degrees Celsius over parts of NIK districts, such as Raichur, Kalaburgi, Yadgir, Bellary and Vijayapura districts till May 6, the natural disaster management centre said on social media platform X.

The remaining NIK districts, most of the SIK districts and Dakshina Kannada district are likely to experience maximum temperature between 40 and 44 degrees Celsius, it added.

Parts of Kodagu, Udupi, Hassan, Shivamogga, Chikkamagaluru and parts of Uttara Kannada districts are likely to experience between 33 and 40 degrees Celsius till May 6, according to the centre.

From May 7, maximum temperatures are likely to come down by 2 to 3 degrees Celsius across the state, according to KSNDMC.

Meanwhile, as per realised rainfall across the state data by KSNDMC, while isolated rains were observed in six districts -- Haveri, Dharwad, Gadag, Vijayapura, Shivamogga and Uttara Kannada -- dry/negligible rains were received in 25 districts, including Bengaluru rural and urban on April 30.

Maximum rainfall of 35mm was recorded at Bhogavi in Haveri district.

As per the cumulative date of rainfall from January 1 to April 30, only coastal Karnataka recorded an excess of 59% rainfall from usual, while the rest of Karnataka had deficit rainfall ranging from 13% to 80%, said a press release by KSNDMC, which compiles the data from telemetric rain gauge locations established by it across the state.

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News Network
April 25,2024

Bengaluru: Karnataka State Natural Disaster Monitoring Centre (KSNDMC) has issued a series of animated shorts in Kannada advising people of appropriate measures to take during extreme temperatures to keep oneself safe.

 “Karnataka has not seen such extreme temperatures and heat waves in the recent past. So, we wanted to ensure a wider reach for safety measures, therefore we decided to issue them in a reader-friendly format,” said an official from KSNDMC.

Meteorological Centre Bengaluru, Indian Meteorological Department, had issued a five-day heat wave warning, lasting till April orange alert, for parts of Karnataka.

“In places like Bagalkote, Vijayapura, Kalaburgi, Yadgir, Raichur, Koppal, Ballari, Tumkur, Mandya, Gadag, Davangere and Chitradurga, the temperature is likely to touch 40 degrees Celsius tomorrow,” said C P Patil, director of the centre.

On April 25, these places recorded a maximum temperature of 39 degrees Celsius.

Orange alert would mean increased likelihood of heat illness symptoms in people who are exposed to sun for a prolonged period of time as well as those who do heavy manual work.

According to Patil, coastal Karnataka will also have very hot and humid weather conditions, making it very uncomfortable for people there.

“It’s best for children and old people to avoid exposure to heat in coastal areas too,” added Patil.

In places where heat wave is predicted, people are advised to avoid direct exposure to sunlight between 12 noon and 3pm.

“When they go out, it is best to use protective goggles, an umbrella or a hat. Also aerated drinks must be avoided since they cause dehydration. Best to drink water as much as possible, even if you don’t feel thirsty,” said M Rajavel, head of LACD, Meteorological Centre, Bengaluru.

People are also advised not to leave the children or pets inside parked vehicles.

The maximum and minimum temperatures of Bengaluru are very likely to be around 37 degree Celsius and 23 degree Celsius respectively for the next 48 hours, said Patil.

Hassan recorded the highest jump from its normal minimum temperature. It recorded 22.6 degrees Celsius, about 2.8 degrees more than usual.

According to IMD, on April 29 light rain is also very likely in isolated places over Bidar, Kalaburgi, Yadgir, Vijayapura, Chikkamagaluru, Hassan, Kodagu, Mysuru, Mandya and Chitradurga districts.

On April 30, light rain is predicted again for Bidar, Kalaburgi, Yadgir, Vijayapura, Raichur, Koppal, Ballari, Chikkamagaluru, Tumkur, Chikkaballapura, Bengaluru Rural, Bengaluru Urban and Kodagu districts.

Incidentally, KSNDMC has also issued a series of animated advisory for lightning safety.

“We also update temperature every 15 minutes in our X handle in coordination with IMD,” added the KSNDMC official.

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News Network
April 24,2024

HSRP.jpg

With the Karnataka transport department extending the deadline for the installation of High Security Registration Plate (HSRP) twice--- in November last year and February, it is no longer planning to extend the same. The department ordered for the installation of HSRP before May 31.

The transport department through a notification in August last year, had mandated the installation on all the vehicles that were registered in the state prior to April 1, 2019. According to transport officials, there are nearly two crore vehicles that are supposed to get HSRP for their vehicles.

“As of now, the state has registered only 34 lakh HSRP installations, despite extending the deadline twice. From nearly 18 lakh installations since February, the numbers have almost doubled. However, there are still a large number of vehicles that have to opt for HSRP,” said C Mallikarjuna, Additional Commissioner for Transport (Enforcement).

“We will wait till May 31 to check for the total number of vehicles that fall in line. We are expecting HSRP installations to touch 75 lakh, after which we will consider an extension as the numbers indicate that people are falling in line and if some more time is given everyone will get it done. However, if we do not reach that number before the deadline, we will request the government not to extend the deadline but urge for an enforcement,” he said.

He also stated that a fine of Rs 500 will be imposed for the first time and if vehicle owners do not fall in line, it will be Rs 1,000 later until they have installed HSRP. “We will wait till the Model Code of Conduct ends and take the government’s opinion. We are going to request the government for strict enforcement if the HSRP installations are not satisfactory,” he added.

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