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.

Comments

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
May 1,2024

Hassan MP and Lok Sabha election candidate of the BJP-JD(S) alliance Prajwal Revanna, who is facing an inquiry over the alleged sexual abuse of several women, said the truth will prevail.

The MP, who left the country as soon as the election to his constituency ended, has also sought seven days' time to appear before the Special Investigation Team (SIT) formed by the Karnataka government to inquire into the huge cache of about 3,000 explicit videos and photos allegedly pertaining to him, which have gone viral on social media.

“As I am not in Bangalore to attend the enquiry, I have communicated to CID Bangalore through my advocate. Truth will prevail soon,” Prajwal, grandson of former prime minister and JD(S) patriarch H D Deve Gowda, said in a post on X.

A case has been registered against MLA and former minister H D Revanna and his son Prajwal at Holenarasipura on a complaint lodged by their former cook and relative for allegedly sexually harassing her.

She also alleged that Prajwal made video calls to her daughter and spoke in an objectionable manner, which forced her to block him.

The MP who is seeking re-election from Hassan on a JD(S) ticket, shared a letter by his lawyer Arun G to the Deputy Superintendent of Police of the SIT, in which he has sought seven days' time to appear before the official because he is abroad.

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April 29,2024

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Bengaluru: All India Mahila Congress President Alka Lamba on Monday accused the BJP and JD(S) of being silent over the alleged sex scandal involving Hassan MP Prajwal Revanna and said the horrifying case of violence against women has shocked the nation.

"More than 3000 videos with hundreds of women being sexually harassed, violated and even brutalised by MP Prajwal Revanna over the past few years have shaken the conscience of Kannadigas and Indians alike," she told at a press conference here.

Prajwal (33) is grandson of JD(S) supremo and former Prime Minister H D Deve Gowda. JD(S) joined the NDA in September last year. He was the NDA candidate in Hassan Lok Sabha constituency, which went for polls on April 26.

According to police sources, he left the country after voting was over.

The Congress government in Karnataka on Sunday constituted a Special Investigation Team to probe the alleged sex scandal.

Some explicit video clips allegedly involving Prajwal had started making the rounds in Hassan in recent days.

Lamba said the horrifying case of sexual violence against hundreds of women has shocked the nation.

"These acts of sexual brutality against hapless women has revealed the depravity of MP Prajwal Revanna, but the silence and sheer apathy of the BJP and JDS in this horrendous case is absolutely shameful," she said.

She alleged that in these videos, some recorded against the consent of the victim, women are seen pleading to be spared but the MP continues to brutalise and sexually violate them. Party 'karyakartas', panchayat members, elderly women, women who came asking for help to him and even maids have not been spared.

"The horrible fact is, that the acts of this sexual predator MP Prajwal Revanna was endorsed by Prime Minister Narendra Modi as he campaigned in Old Mysuru Region on April 14th, 2024," she alleged.

"....the BJP JDS are still silent which shows you their true Anti Woman DNA!! Will the BJP or JDS answer?".

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News Network
April 29,2024

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Bagalkot, Apr 29: Prime Minister Narendra Modi on Monday accused the Congress of planning religion-based reservation in the country for the sake of vote bank politics but asserted that he will not let it happen.

He said this Congress proposal is to appease minorities as the SC/ST and OBC community is now with the BJP.

"In Karnataka, Congress has started a campaign to change the Constitution and to snatch away the rights of SC/ST and OBCs. Our Constitution does not accept religion-based reservation. But the Karnataka government has given part of OBC reservation to Muslims," Modi said.

Addressing a mega election rally in this district headquarters town, he said, "They (Congress) will not settle with this. They had earlier too in their manifesto said about coming out with a law to provide religion-based reservation. There is a similar signal in their manifesto this time."

"I want to make my Dalit, SC/ST and OBC brothers and sisters aware about Congress' intentions. These people on the basis of religion, to keep their vote bank safe, are planning to loot your right which was given by Babasaheb Ambedkar and the Constitution," he added.

Veteran BJP leader B S Yediyurappa, BJP candidates and MPs from Bagalkot (Bagalkot) and Vijayapura (Bijapur) - P C Gaddigoudar and Ramesh Jigajinagi, respectively - were among those present at the rally.

Noting that most of SC, ST and OBC MPs in the Parliament are from BJP, Modi said, "So they feel that as SC, ST and OBC are with BJP. To gain the trust of minorities, they want to loot from SC, ST and OBC and give it to minorities. Will you let this happen?"

"I want to guarantee today to my Dalit, Adivasi and OBC brothers and sisters. I will not let such intentions of Congress be successful. To protect your rights, your reservation, Modi will go to any extent. I'm assuring you this," he added.

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