SC hears case of HC’s invalidation of Muslim convert girl’s marriage

coastaldigest.com news network
August 4, 2017

New Delhi, Aug 4: Even as 24-year-old Hadiya, who was forced to end relationship with her husband and stay in her ‘Hindu’ father’s home by Kerala High Court has been reeling under depression, the Supreme Court has been presented with two conflicting versions about her decision to embrace Islam. 

Her husband, Shafeen Jahan, portrayed Hadiya as an independent and devout woman who converted to Islam on her own volition and much before their wedding. Jahan has approached the Supreme Court with a request to order the girl’s father to produce her in court.

On the other hand, backed by Sangh Parivar, her father Ashokan Mani, from Vaikom of Kottayam district, continued to portray her as a victim “trapped by a “well-oiled” racket that uses “psychological measures” to indoctrinate people and convert them to Islam. He also alleged that Jahan is a criminal and his daughter was trapped by a network with connections to Popular Front of India and even the Islamic State, a terror outfit. In fact the Kerala police also have confirmed that Jahan has no criminal record. 

“My daughter once told me that she wants to do sheep-farming in Syria... even the most liberal of fathers would be shocked to hear this,” he told a Bench of Chief Justice of India J.S. Khehar and D.Y. Chandrachud on Friday. However, the Jahan has accused his Hindu father-in-law of telling lies about latter’s daughter.

Depression

It could be recalled here that in a controversial ruling, the Division Bench of Kerala High Court in May this year, had invalidated the marriage of Hadiya and Jahan based on the unproven allegations of her father.

It is learnt that Hadiya is under depression after she was forced to stay in her parental house. According to sources, she spends time by reading Quran and doesn’t interact with her father properly.

Conversion

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.

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January 27,2025

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The Uniform Civil Code (UCC), a law that has faced long-standing criticism from the Opposition, will officially come into effect in Uttarakhand on January 27, making it the first state in independent India to put into effect such a law.

According to the state’s chief minister Pushkar Singh Dhami, the government has completed all preparations to implement the law, including getting approval of the rules for the implementation of the Act and training of officials concerned. The rationale given for the law is that it will bring about ‘uniformity in the society and ensure equal rights and responsibilities for all citizens.’

"UCC is just an offering made by our state in the great 'yagya' being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation," PTI quoted Dhami as saying in a statement.

The BJP had made a promise to implement the Uniform Civil Code in Uttarakhand in the run-up to the 2022 assembly polls.These polls saw the party storming to power for a second consecutive term, something never done by any other party in the state since its creation in 2000.

According to CM Dhami, the historic mandate was because of the party's commitment to passing the UCC.

The Uniform Civil Code journey in Uttarakhand

The Uttarakhand state cabinet cleared a proposal to form an expert panel on the Uniform Civil Code in March 2022 in the first cabinet meeting after winning the assembly elections. The panel, headed by retired Supreme Court Judge Ranjana Prakash Desai, was constituted on May 27, 2022 to prepare the draft of the UCC.

The Desai committee submitted a comprehensive draft in four volumes, prepared after one and a half years of dialogue with different sections of the state's population. It was sent to the state on February 2, 2024 and just a few days later, the Uttarakhand assembly passed the UCC bill. President Droupadi Murmu gave it her assent in March 2024, nearly two years after the initial proposal.

Another expert committee was at work after that, headed by former chief secretary Shatrughna Singh. It was formed to frame the rules and regulations for the implementation of the Act. The Sinha committee submitted its report to the state government late last year.

The state cabinet gave its approval recently and authorised the chief minister to decide a date for its implementation. Dhami decided the date to be January 27, 2025, a day after the country celebrated its 76th Republic Day.

What is in the Uttarakhand UCC?

The Uniform Civil Code Act of Uttarakhand will govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and related matters.

It sets equal marriageable age for men and women, grounds of divorce and procedures across all religions, and bans polygamy and 'halala'.

Doon University Vice Chancellor Surekha Dangwal, who was part of the panel that drafted the UCC and was among those who framed the rules for its implementation, described to PTI the provisions aimed at bringing about gender parity in matters of marriage, divorce and succession, treating all children as legitimate including those born of void or voidable marriages, simplifying the process of preparing a will and regulating live-in relationships as the most outstanding in the UCC. She termed gender parity across all religions as the spirit of UCC.

According to Duggal, the UCC makes registration of all marriages and live-in relationships mandatory. She also said that the government has created facilities to help people register their marriages online so that they do not have to run around government offices for it.

"Another remarkable feature of the UCC is that it treats all children as legitimate. We have in fact totally done away with the term illegitimate in the context of children," she said. The UCC also makes a special provision for defence personnel called "privileged will" which can be made both in writing or by word of mouth.

Any soldier or air force personnel engaged in an expedition or actual warfare or a mariner at sea can make a privileged will for which rules have been kept flexible.

UCC criticism

Opposition leaders have criticized the UCC, arguing that it may lead to societal division along religious lines and might be impractical and overly ambitious.
The debate surrounding the UCC extends beyond Uttarakhand, as Article 44 of the Indian Constitution advocates for a uniform civil code across the country. Prime Minister Narendra Modi has referenced the Supreme Court's direction on the need for a common code, stressing that fulfilling the vision of the Constitution's framers remains a national goal.

Uttarakhand's implementation of the UCC is likely to set a precedent, with other states potentially following suit. The success of the law's implementation will depend on its ability to balance individual rights and social harmony.

As Uttarakhand stands at the forefront of this legal revolution, the coming weeks will offer a clearer picture of how the UCC will be received, both in the state and across India. The state's experience with the UCC will undoubtedly shape the future of personal law reform in the country.

What is the implementation process?

Shailesh Bagauli, secretary (home), stated that the government will issue two notifications: one for the implementation of the UCC and another for the rules and regulations, officially launching the UCC in the state.

Dhami had promised to implement the UCC if re-elected during the 2022 state polls. After becoming CM, he appointed a five-member committee led by Justice Ranjana Prakash Desai to draft the code, which received feedback from over 2.3 lakh people, representing nearly 10% of Uttarakhand's families.

The 740-page draft was presented to the chief minister on February 2, 2024, approved by the cabinet on February 4, tabled in the assembly on February 6, and passed the following day. Governor Lt Gen Gurmit Singh (retd) approved the bill on February 28 and President Droupadi Murmu subsequently signed it on March 11.

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News Network
January 22,2025

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Yellapura: A devastating accident occurred early Wednesday morning in the Uttara Kannada district of Karnataka, leaving at least 10 people dead and several others critically injured. The tragedy unfolded near the Kageri petrol station in Yellapur when a truck carrying fruits and vegetables plunged into a valley and overturned.

The truck, which was transporting over 40 traders, was en route from Savanuru in Haveri district to Kumta market in Uttara Kannada. Among the passengers were fruit vendors heading to the Yellapura fair to sell their produce. The accident occurred on the Savanur-Hubballi road, as confirmed by M. Narayana, the Superintendent of Police of Uttara Kannada.

“At approximately 5:30 a.m., the truck driver attempted to give way to another vehicle and veered too far to the left, causing the truck to fall into a valley approximately 50 meters deep,” said SP Narayana.

Victims have been identified as:

Fayaz Imam Saab Jamkhandi (45)

Wasim Virullah Mudageri (35)

Ijaz Mustak Mulla (20)

Sadiq Bhasha Farash (30)

Ghulam Hussain Jawali (40)

Imtiaz Mamajafar Mulakeri (36)

Alfaaz Jafar Mandakki (25)

Jilani Abdul Jakhati (25)

Aslam Babuli Benny (24)

Immediate Response

Upon receiving information about the accident, police rushed to the scene and coordinated the rescue operations. The injured were swiftly transported to KIMS Hospital in Hubballi for treatment. Tragically, eight individuals died on the spot, while another succumbed to critical injuries shortly after. The absence of a protective wall on the road in the valley has been highlighted as a contributing factor.

“Many passengers sustained serious injuries, and the death toll could rise,” said police officials. Investigations are ongoing to determine the exact cause of the accident.

Community in Mourning

This tragic incident has left the local community in shock, as families and friends mourn the loss of lives. Authorities are urging caution and have reiterated the need for safety measures on roads in vulnerable areas. Further updates on the condition of the injured are awaited.

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January 27,2025

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Hundreds of thousands of displaced Palestinians have begun returning to the northern part of the war-wracked Gaza Strip after a deal was reached between Hamas and Israel over exchange of Israeli captives and Palestinian prisoners.

It was announced that Hamas has agreed to release female Israeli captive Arbel Yehud and two others by Friday and provided information on the conditions of those set to be freed in the first phase of the ceasefire deal.

Gazans describe the return as historic, saying this is a victorious day.

The displaced Palestinians had been stranded behind Israeli military barriers despite the ceasefire.

The ceasefire between Israel and Hamas was reached after 15 months of the regime's genocidal war on the Gaza Strip.

The implementation of the first phase of the deal began on January 19 and is expected to witness release of more than 1,890 Palestinians for 33 Zionists, who are among the 240 that Gaza’s resistance groups captured in October 2023.

The captives were ensnared during the historical Operation al-Aqsa Flood that served as an instance of retaliation against the regime’s decades-long campaign of Western-backed occupation and aggression against Palestinians.

The subsequent war claimed the lives of at least 47,306 Palestinians, mostly women and children.

The regime approved of the ceasefire after falling short of realizing any of its wartime objectives, including enabling the return of the captives, “eliminating” the Gazan resistance, and causing forced displacement of Gaza’s entire population to neighboring Egypt.

On Sunday, Hamas lambasted the regime for delaying the implementation of the ceasefire deal after Israeli forces killed and injured the Palestinians trying to return to the north.

Earlier, however, the regime said Palestinians could begin returning to the north on Monday after Gaza’s Islamic Jihad resistance movement confirmed that Israeli captive Arbel Yehud would be released before the next scheduled captive/prisoner swap.

Qatar, which had mediated ceasefire talks between Tel Aviv and Hamas alongside Egypt, had also announced that Hamas had agreed to release Yehud and two others by Friday and provided information on the conditions of those set to be freed in the first phase of implementation of the ceasefire deal.

Hamas calls it a victory

The movement, itself, issued a statement, describing the return of the displaced people as “a victory” for Palestinians and a defeat for the Israelis.

It said the scenes of the return of Palestinians to the areas from which they had been displaced, confirmed their connection to their land and once again proved “the failure of the occupation to achieve the aggressive goals of displacing people and breaking their steadfast will.”

The Islamic Jihad also described the return as a response to all those, who used to harbor the dream of enabling forced exodus of Palestinians.

“In an epic scene, hundreds of thousands of our displaced people are returning to northern Gaza, an area, which had been turned into a heap of rubble as a result of Zionists’ atrocities,” the group said.

It also described the Israeli regime’s conditioning the return of the displaced to Yehud’s release as an international move on the part of Tel Aviv to “destroy our people’s happiness in Gaza.”

“On this occasion, the Palestinian Islamic Jihad movement asserts that our people’s steadfastness would destroy whatever Zionist dream there is of stealing happiness from our hearts, and break the chains of the prison guards and occupiers.”

Former Israeli minister furious 

The Israeli regime’s former minister of so-called “national security,” Itamar Ben-Gvir, however, decried the return as a victory for Hamas.

“The opening of the Netzarim highway this morning and the entry of tens of thousands of Gazans into the northern Gaza Strip are images of Hamas’ victory and another humiliating part of the reckless deal. This is not what ‘complete victory’ looks like – this is what complete surrender looks like,” he wrote on X, former Twitter.

The Israeli soldiers did not fight and give their lives in the Gaza Strip to make these photos possible, he said, adding, “We must return to war – and destroy!”

Ben-Gvir resigned from his post earlier this month in protest at the ceasefire deal.

He has long been opposed to cessation of the brutal Israeli military onslaught and called for the regime to “occupy” Gaza.

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