Muslims react with caution to UP govt's ordinance against conversion for wedding

News Network
November 25, 2020

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With the Uttar Pradesh government clearing an ordinance to deal with religious conversion solely for marriage, Muslim leaders on Wednesday reacted with caution saying it should be ensured that it does not infringe upon the constitutional right to freedom of religion.

The state cabinet presided over by Chief Minister Yogi Adityanath had on Tuesday given its nod to the draft ordinance providing for jail up to 10 years and fine of Rs 50,000 for those violating its clauses.

“The good thing is that the new ordinance does not use the term ‘love jihad’ and the forced conversion which has been termed as illegal and punishable is something that is already held as crime in the Muslim law. In the Quran also, the Allah has said force in religion is not justified and so we have no objection to punishment over it,” senior member of All India Muslim Personal Law Board (AIMPLB) Khalid Rashid Farangimahli said.

Love jihad is a term coined by a section of Hindu groups for Muslim men allegedly forcing women to convert in the guise of love and marriage.

“We are of the opinion that for peace and communal harmony, it is needed that Muslims and Hindus marry in their own communities. We have no objection to whatever we have seen in the ordinance," Farangimahli said.

The AIMPLB member stressed that whenever any law is enacted, it is based on the intention that there would not be any discrimination with anyone.

“We also expect that this law will not be used wrongly. The legal expert will have to see that the law does not raise a question mark on the constitutional right to freedom of religion for all Indians. Otherwise, we have no objection to this law,” he said.

Shaista Amber, president, All India Muslim Women Personal Law Board, however, said there was no need for such a law.

“If anyone is getting married on the basis of deceit and forcibly getting the other person converted, there should be a stringent law for it and we already have laws for it. There was no need to bring a new law,” she said.

Stressing that there are laws to check deceit in marriage, Amber said if the government has decided to bring a new law, it should also be ensured that it is not misused and people’s right to freedom of expression is not harmed.

Another senior AIMPLB member Zafaryab Jilani reasoned if two adults get married, even if they belong to different castes, religions or even nations, their marriage is their private right.

The apex court has also accepted this fact, Jilani, also a senior counsel, said.

Muslim religious leader Sajid Rashidi, however, saw in it an attempt to polarise the society ahead of the West Bengal assembly elections.

“Law already exists against forced conversion, but since the elections to the West Bengal assembly are due there is a need to prepare a political ground and create hatred between Hindus and Muslims,” he alleged.

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News Network
November 22,2024

Mangaluru: A man fell victim to an online scam, losing Rs 1.7 crore after fraudsters posed as officials from TRAI. According to a complaint filed at the CEN police station, the incident began on November 11, when the complainant received a call from an unknown number at 9:49 am.

The caller, claiming to represent TRAI, alleged that another mobile number registered under the complainant's name was involved in illegal activities in Andheri (East), Mumbai. The caller further stated that an FIR was lodged against the complainant for harassment under the guise of marketing. He was instructed to contact Andheri (East) police station immediately or risk his mobile service being deactivated within two hours.

The complainant was subsequently connected to an individual named Pradeep Sawant, who claimed the complainant was implicated in a money laundering scheme linked to the Naresh Goyal fraud case. Sawant alleged that a fraudulent bank account under the complainant's name was opened at Canara Bank, Andheri, and used to purchase a SIM card for illegal activities. He warned that the complainant could face arrest.

Later, the complainant was contacted via WhatsApp video call by individuals posing as Rahul Kumar (a police officer) and Akanksha (a CBI officer). They allegedly sent fabricated CBI documents to his WhatsApp number. The fraudsters demanded money to "resolve" the case. Fearing threats, the complainant allegedly transferred Rs 1.7 crore through RTGS in batches of Rs 53 lakh, Rs 74 lakh, and Rs 44 lakh between November 13 and 19. A case has been registered at the CEN police station and an investigation is ongoing.

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News Network
November 27,2024

Mangaluru: A five-year-long pursuit of justice continues for several youths from Dakshina Kannada who fell victim to a fraudulent food delivery job scam in Kuwait. The victims, lured by promises of lucrative overseas employment, now find themselves entangled in legal battles and financial ruin.

In a recent development, the Enforcement Directorate (ED) summoned the victims to its Mangaluru office as part of the ongoing investigation. The case, which dates back to May 28, 2019, was initially registered at the Mangaluru North police station based on a complaint filed by Usman, a resident of Jalligudde. His brother, Aboobakkar Siddique, was among the 34 victims duped by Manikya Associates, a recruitment agency operated by Prasad Shetty.

According to the complaint, the victims were promised jobs as food delivery executives in Kuwait with a salary of ₹40,000 per month. “I paid ₹80,000 to the agent and ended up spending seven harrowing months in Kuwait without any salary,” shared a victim who now works in construction. Another victim, now employed as a driver, said, “I dreamt of working abroad to support my family. I even pledged jewelry to pay the fees, but it took me years to recover financially.”

The victims allege that they were left stranded in Kuwait in January 2019 after completing all formalities. With no jobs and mounting expenses, their ordeal lasted seven months. They were eventually repatriated with the help of Indian expats and the Embassy of India in Kuwait, just two months after the complaint was filed.

The ED investigation is reportedly progressing, and victims said they were assured that their payments to the agent would be refunded soon. An ED official confirmed that efforts to ensure justice are ongoing.

For these youths, the pain of shattered dreams and financial losses has lingered for years, with many still struggling to rebuild their lives. As they await justice, their plight serves as a cautionary tale about the perils of fraudulent recruitment schemes.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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