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
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 28,2024

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Mangaluru, Mar 28: A fish meal factory in the Baikampady Industrial area in Mangaluru was gutted in a fire incident on Thursday, officials said.

The factory is owned by the company 'Shihar Enterprises', they said.

According to the locals, the fire was first noticed at 4.45 am today, which was immediately reported to the fire department.

The fire engines reached the spot and tried to douse the fire, but it had already spread to other parts of the factory. After almost four hours of fire-fighting operation, the blaze was completely doused, officials.

The reason for the blaze is still being probed, the fire department officials said, adding that they suspect an electric short circuit could have triggered it.

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News Network
March 17,2024

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New Delhi: The Election Commission on Sunday made public fresh data on electoral bonds, which it had submitted in sealed covers to the Supreme Court and was later asked to put it in public domain.

These details are believed to be pertaining to the period before April 12, 2019. Electoral bond details after this date was made public by the poll panel last week.

The BJP encashed electoral bonds totalling Rs 6,986.5 crore; maximum Rs 2,555 crore received in 2019-20, as per the EC data.

The Trinamool Congress received Rs 1,397 crore through electoral bonds, second largest recipient after BJP, as per the EC data.

On the other hand, the Congress redeemed a total of Rs 1,334.35 crore through electoral bonds.

DMK received Rs 656.5 crore through electoral bonds, including Rs 509 crore from lottery king Santiago Martin's Future Gaming.

BJD encashed electoral bonds worth Rs 944.5 crore, YSR Congress Rs 442.8 crore, TDP Rs 181.35 crore.

Political parties had filed data on electoral bonds in sealed cover as directed by the Supreme Court's interim order dated April 12, 2019, the poll panel said in a statement.

"Data so received from political parties was deposited in the Supreme Court without opening sealed covers. In pursuance of the Supreme Court's order dated March 15, 2024, the Registry of the Supreme Court has returned physical copies along with a digitized record of the same in a pen drive in sealed cover. The Election Commission of India has today uploaded the data received in the digitized form from the registry of the Supreme Court on electoral bonds on its website," EC said.

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