Hadiya case: No court can annul marriage between two consenting adults, says SC

coastaldigest.com news network
February 22, 2018

The Supreme Court of India on Thursday, Feb 22, observed that no court can annul marriages between two consenting adults or resort to a “roving enquiry” on whether the married relationship between a man and woman is based on consent.

The Bench led by Chief Justice Dipak Misra defined the limits of the court's jurisdiction in Hadiya case.

“Can a court say a marriage is not genuine or whether the relationship is not genuine? Can a court say she [Hadiya] did not marry the right person? She came to us and told us that she married of her own accord,” Justice D.Y. Chandrachud observed.

Ms. Hadiya, the 26-year-old Homeopathy student converted to Islam and subsequently married a Muslim man. The marriage was annulled by the Kerala High Court, which said it was “sham”. Her father, Asokan K.M., alleged that she was indoctrinated by a “well-oiled network” who is a front to recruit Indian citizens and traffick them abroad to strife-prone countries like Syria to work as “sex slaves”. However, Hadiya has repeatedly stated that her father had been telling blatant lies to separate her from her husband.

“She said on the telephone to her father that she wants to go to Syria to rear sheep. There may be fathers who receive such news with calm and fortitude, but this father was alarmed,” senior advocate Shyam Divan, for Mr. Asokan, addressed the Bench. Mr. Divan said his daughter is a victim of an “enormous trafficking exercise”.

Justice Chandrachud countered that if there was trafficking of citizens involved, the government had the power to stop it on the basis of credible information. If citizens are travelling abroad to be part of a manifest illegality, then too, the government has the authority to stop them.

“But in personal law, we cannot annul marriages because she did not marry the right person,” Justice Chandrachud told to Mr. Divan.

Chief Justice Misra said Ms. Hadiya's father may still view her as a child who was enticed or attracted by some kind of extraordinary situation. “But she is an adult,” Chief Justice Misra pointed out.

Chief Justice Misra said “What troubles us is there is a roving enquiry on the marriage of two consenting adults to find out whether was consent.”

The National Investigating Agency (NIA) had been probing the case and what they claim to be several other similar cases of “brainwashing”, radicalisation and indoctrination in Kerala. In the previous hearing, the court had told the NIA to stay away from prying into Ms. Hadiya's choice to marry Shafin Jahan.

But Mr. Divan said the Kerala High Court was “absolutely justified” in annulling the marriage, considering the particular circumstances of the case and the material before it that there was a network involved behind the conversion and marriage of Ms. Hadiya.

Countering Chief Justice Misra's observation that courts cannot intervene in a marriage between adults, Mr. Divan classified Ms. Hadiya as a “vulnerable adult” who still needs protection.

“This is a case exactly in which marriage is being used as a device to keep her [Hadiya] outside the reaches of the court,” Mr. Divan submitted.

In an intervention, senior advocate Kapil Sibal, for Mr. Shafin Jahan, said Mr. Divan was being “unfair” to the court. Mr. Sibal denied that Ms. Hadiya said she wanted to go to Syria for sheep farming. Instead, it was her father, upset by her conversion to Islam and subsequent marriage, who told her that she would be trafficked to terrorist countries. The court scheduled the next hearing on March 8.

Comments

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

Based on SC ruling  on Wrong judgement for simple cases  by the High court shows incompetency of the judges.

The marriage of 2consented parties can not be annulled by the court, even if it is wrong religiously, still they have access to have court marriages.

Very pity High court judges commit simple mistakes. A layman would never do such errors.

 

 

Mohammed
 - 
Thursday, 22 Feb 2018

They need life.. they need justice

Suresh Kalladka
 - 
Thursday, 22 Feb 2018

Her father is an insane i think. Father making all issues with help of some saffrons

Sandesh
 - 
Thursday, 22 Feb 2018

Why they didnt reveal they got married.. They covered that in court.. 

Mohan
 - 
Thursday, 22 Feb 2018

Court wasted much money and time for this. Let them live freely. They are not minor. They can take decisions

Rizwan
 - 
Thursday, 22 Feb 2018

Truth will prevail, and falsehood will perish.

Kumar
 - 
Thursday, 22 Feb 2018

Thank God.. SC stands for justice. 

Ganesh
 - 
Thursday, 22 Feb 2018

Media, Saffrons and SDPI people made Hadiya case worst. They dragged this to court, NIA.

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News Network
May 2,2024

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Hassan, May 2: JD(S) MLC Suraj Revanna on Thursday said that the scandal and charges of sexual abuse levelled against his brother and Hassan MP Prajwal Revanna was a "conspiracy to weaken their family politically".

He claimed that he has no information about the whereabouts of Prajwal Revanna, who has been served a notice by the Special Investigation Team over the alleged sex scandal involving him.

He termed the scandal and charges of sexual abuse against his brother and his father and MLA H D Revanna, a former Minister, as a conspiracy to weaken them politically, and expressed confidence about Prajwal's win in the Lok Sabha polls.

H D Revanna is the son of JD(S) patriarch and former PM H D Deve Gowda. Prajwal, grandson of Deve Gowda, was the BJP-JD(S) alliance's candidate from Hassan Lok Sabha segment, which went to the polls on April 26.

"The (sex scandal involving Prajwal Revanna) case has been handed over for investigation (to SIT), whatever has to be proved will get proved there. How can I react to it? I don't have information about Prajwal Revanna," Suraj Revanna told reporters here.

On an FIR being registered against his father H D Revanna too, he said, "Let them put a thousand more (FIRs), what has to be proved will ultimately get proved. People of our taluk and district know what Revanna is. I don't want to react."

"Anyone can do anything out of political malice. If you take Hassan politics, there is no competitor for Revanna. There is no one who has done politics like him. To weaken him, all these conspiracies are being hatched," he added.

Scores of explicit video clips allegedly involving Prajwal Revanna had started making the rounds in Hassan recently. The state government has constituted an SIT to probe the alleged sex scandal involving the MP.

The SIT on Tuesday issued notice to Prajwal Revanna and his father Revanna, who have been booked for alleged sexual harassment at the Holenarsipura police station in Hassan district on April 28, based on a complaint by a woman who worked in their house, directing them to appear for investigation.

Prajwal who reportedly left for Germany on April 27, the very next day of the polls, on Wednesday sought seven days' time to appear before the SIT.

Regarding reports of his meeting with Deputy Chief Minister D K Shivakumar, Suraj said they were mere speculations and that he had met the former in January, and after that no such meeting had taken place.

Asked whether JD(S) leaders and workers seem to be in some sort of confusion following the developments around the alleged sex scandal, the MLC said there is no confusion. "Even yesterday there were meetings held to take stock of the situation after the polls. Hundred percent Prajwal Revanna will win."

"Let anyone charge anything, let's wait and see what comes out of the SIT probe," he added.

Victims under pressure?

Meanwhile, victims in the videos of the alleged sex scandal involving the MP, are reportedly refusing to come before the SIT which is probing the case.

Some of the victims are said to have told the SIT officials that they don't want to talk to them about the case, while a few are not reachable, sources said.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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News Network
April 29,2024

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Congress leader Pawan Khera on Monday, April 29, shared a letter purportedly written by BJP leader Devaraj Gowda to the Karnataka state president of the saffron party expressing concern about the pendrive containing sleazy videos of JD(S) leader and Lok Sabha MP Prajwal Revanna.

The letter was apparently written on December 8, 2023.

The letter, written in Kannada by the Hassan BJP leader states that 2,976 clips were already with Congress leaders and would be ammo for the grand old party during the Lok Sabha elections. The letter also states that if Revanna is allowed to contest under the NDA banner, it is likely to negatively impact the BJP's image in the state.

Sharing this letter, Khera launched an attack on the BJP, asking why the party had chosen to enter into an alliance with JD(S) despite knowing about the pendrive. He also questioned the lack of action, sharing the stage with Prajwal Revanna, and asked who helped him 'escape to Germany'.

Khera also questioned PM Narendra Modi's silence on the matter. Notably, the PM has been vocal about women suffering sexual abuse elsewhere in the country, when a leader of the opposition party has been involved. Modi attacked the TMC government over Sheikh Shahjahan's actions in Sandeshkhali, which allegedly involve sexual harassment and illegal land grabbing.

The Congress leader, however, remained confident that Modi would stay mum on the Hassan sex scandal issue.

"Modi ji will be in Karnataka the entire day today. I can guarantee that he won’t find the courage to utter even a single word on this horrific case in the state wherein his alliance’s politician went around recording thousands of sex videos of several women in his pen drive, and has now absconded abroad!," Khera said on X (formerly Twitter).

While Karnataka CM Siddaramaiah has ordered a special probe into the incident, the JD(S) has distanced itself from Prajwal with H D Kumaraswamy saying that while he wanted to wait for facts to come out after the probe, there was no question of forgiving someone who had committed a crime as per the law.

A sexual harassment and stalking case has been filed against former Karnataka Minister H D Revanna and his son Prajwal, who is at the centre of the Hassan scandal.

A woman complainant said that she worked in Revanna's house from 2019 for three and a half years. During her time there, Revenna allegedly misbehaved with her, as did Prajwal, according to the woman's claims. She also claimed Prajwal sexually assaulted her repeatedly.

She also claimed the MP had used obscene language with her daughter during video calls, forcing her to block the number and quit her job.

H D Revanna is the elder son of JD(S) supremo and former PM H D Deve Gowda, and Prajwal is the party patriarch's grandson.

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