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
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

campaign.jpg

Campaigning for 14 Lok Sabha seats in Karnataka going to polls in the first phase on April 26 will come to an end on Wednesday evening.

A total of 247 candidates -- 226 men and 21 women -- are in the fray for this round of voting in most of the southern and coastal districts.

It is a straight electoral contest between the ruling Congress and the BJP-Janata Dal (Secular) combine in the State.

While the Congress is contesting in all 14 seats, BJP has fielded nominees in 11, and its alliance partner JD(S) in three -- Hassan, Mandya and Kolar.

Besides the three, the segments where elections will be held on Friday are: Udupi-Chikmagalur, Dakshina Kannada, Chitradurga, Tumkur, Mysore, Chamarajanagar, Bangalore Rural, Bangalore North, Bangalore Central, Bangalore South and Chikkballapur.

The intense campaigning for the past about a month saw Prime Minister Narendra Modi and Home Minister Amit Shah leading from the front for the BJP, holding rallies and roadshows. BJP President J P Nadda, some Union Ministers and Goa Chief Minister Pramod Sawant too pitched in.

Veteran BJP leader and former Chief Minister B S Yediyurappa and the party's state president B Y Vijayendra also campaigned extensively.

Congress president M Mallikarjun Kharge, senior leaders Rahul Gandhi and Priyanka Gandhi, Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar and Telangana Chief Minister A Revanth Reddy were among the prominent names who led the charge for the party.

And for the JD(S), it was the 90-year-old party patriarch and former Prime Minister H D Deve Gowda and former Chief Minister H D Kumaraswamy, who led the campaign.

Chikkaballapur has a maximum number of 29 candidates, followed by 24 in Bangalore Central and Dakshina Kannada has the least number - nine.

Kumaraswamy from Mandya, his brother-in-law and noted cardiologist C N Manjunath from Bangalore Rural on a BJP ticket, erstwhile Mysuru royal family scion Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore, also from the BJP, and state Congress President Shivakumar's brother and MP D K Suresh from Bangalore Rural, are among the prominent candidates in the fray in the first phase.

The state has a total of 28 Lok Sabha segments. The remaining 14 constituencies, mostly in the northern districts, will go to polls on May seven.

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News Network
April 11,2024

kundapurcrash.jpg

Udupi: A middle aged couple lost their lives while their teenage son survived with critical wounds after a speeding car, which was travelling from Maharashtra to Kerala, fell off a flyover in Kundapur taluk of Udupi district. 

The deceased have been identified as Munnavar (49), who was driving the car, and his wife Sameera (41), a native of Kannur in Kerala. Their son Suhail (18), who was in the car, suffered severe injured and is recovering at Manipal Hospital. He is said to be out of danger.

The family was traveling from Kollapur to Kannur as Sameera was a native of Kannur. Their plan was to celebrate Eid-ul-Fitr in Sameera’s parental home.  

However, on Tuesday (April 9) morning, when the car reached near Bobbaryanakatte, it reportedly went out of control of the driver and fell off the flyover on to the service road.

All three were immediately rushed to the hospital in Kundapur. Sameera died immediately upon admission to the hospital, while Munnavar succumbed to injuries at Manipal Hospital on April 10. The mortal remains of both were handed over to relatives after the post-mortem.

Kundapur DySp Belliyappa, Circle Inspector Nada Kunar, Traffic SIs Naveen Naik, and Savitri Nayak visited the accident spot for the inspection.

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