Evening NEWS
DIGEST
24
Aug. 2017: 01 Zilhajja 1438:Vol:8, No:264
SC says privacy is
fundamental right, ruling may have bearing on Aadhaar, beef ban; big setback for
Govt?
New Delhi:
Individual privacy is a “guaranteed fundamental right”, the Supreme Court ruled
on Thursday, a landmark verdict that could now test validity of Aadhaar, the
controversial biometric identification project the Govt has been pushing but critics have opposed as
intrusive.Issuing a unanimous ruling, the nine-judge bench said right to
privacy was at par with right to life and liberty, and that the verdict will
protect citizens’ personal freedom from intrusions by the state. Aadhaar law
will now be tested against Thursday’s right to privacy judgment, lawyers in the
case said. Order also has a bearing on broader civil rights as well as a law
criminalising homosexuality. A ban imposed on the consumption of beef in many
states and alcohol in some could also come up for review. “This right to
privacy is protected under Article 21 and it is intrinsic to the Constitution,”
said Chief Justice of India J S Khehar, reading out the verdict for the nine-judge
bench. Article 21 guarantees the right to life and liberty as inviolable
fundamental rights. Central Govt has been pushing for the wide use of Aadhaar,
saying it is necessary to plug leakages in its subsidy schemes and to ensure
benefits reach those targeted. But critics say the move violates privacy, is
vulnerable to data breaches and helps Govt spy on people.This led to multiple petitions
in court challenging Aadhaar on the question of privacy.The Govt had argued citizens have a right to privacy
but it is not an absolute right. But petitioners in the case contended that the
right to privacy is at the heart of liberty and freedom.In upholding privacy as
a fundamental right, the top court overruled all earlier judgements that had
said the right to privacy was not part of the Constitution. HT
India’s landmark
Supreme Court ruling could be damning for Modi’s biometric payment scheme
Right to privacy:
Opposition leaders hail SC verdict, Rahul Gandhi says decision a ‘major blow’
to fascist forces
New Delhi: In a
landmark decision that will affect the lives of all Indians, the Supreme Court
on unanimously declared that right to privacy was a Fundamental right under the
Constitution. The ruling on the highly contentious issue was to deal with a
batch of petitions challenging the Centre’s move to make Aadhaar mandatory for
availing the benefits of various social welfare schemes. While the Centre had
argued that right to privacy is not a Fundamental right, the petitioners had
contended that when a citizen gives his biometrics and personal details to the Govt
and when in turn it is used by
commercial organisations, it is a breach of privacy. Congress vice-president
Rahul Gandhi welcomes SC judgment on right to privacy, tweets: “SC decision
marks a major blow to fascist forces. A sound rejection of BJP’s ideology of
suppression through surveillance.” P Chidambaram said that privacy is at the
core of personal liberty, an inalienable part of life. Chidambaram said the
Article 21 has acquired a new magnificence by virtue of this judgment.He said
the Aadhaar, as conceived by the previous Congress-led UPA Govt , posed no
challenge to the right to privacy. “It is Modi sarkar’s implementation that
does. It is the current Govt which
argued that there is no fundamental right to privacy,” he said. “We salute the
Supreme Court and the many counsels who worked tirelessly, did extensive and
splendid research and presented persuasive arguments before court.” Arvind
Kejriwal welcomed the verdict.CPIM general secretary Sitaram Yechury said ruling
that the right to privacy is a fundamental right will have far-reaching
consequences in various domains. Mamata Banerjee also welcomed the ruling.
Right to privacy
verdict LIVE: Rahul Gandhi welcomes SC ruling, says decision a ‘major blow’ to
fascist forces
Right to privacy
lead petitioner says Section 377 not a matter of privacy
Bengaluru: Ex-Karnataka
high Court judge, KS Puttaswamy, the lead petitioner in the right to privacy
matter that the 9-judge Supreme Court bench held was a fundamental right
guaranteed under Article 21 of Constitution, argues that choosing of same sex
partners, however, is not a matter of privacy. Puttaswamy, 92, whose PIL
challenging Aadhaar being mandatory was among the original petitions that made
way to the larger debate of right to privacy termed Thursday's order as a
landmark judgement that will go a long way in restoring people's confidence in
democracy."I was born 22 years before India attained Independence, and was
brought up in old Mysuru, which was a model state and not a tyrannical one.
Although there was no absolute freedom, there was representative democracy.
Those were significant landmarks in the development of our country. And, so many
years later when I had to draft the petition (in 2012) I did it with the best
of my intentions," he said."If somebody is trying to apply this (judgement)
with Section 377,it will be a blind application with no reason or rationale. The
institution of marriage, evolved by humans for centuries, is one of the oldest
and let's not degenerate it into a sex trade. If the society has been
preserved, it is because of marriage," he argued.Arguing that the IPCand
the Napoleonic Criminal Code of France are two of the best penal codes in the
world that have been scrutinised enough to survive this long, he said:
"How do you say that unnatural offences will be affected by this
judgement, I simply laugh at it."On whether choosing one's partner is not
a matter of privacy, he said:"It is all mistaken.For your information,
even animals don't go astray. It is only the man that goes astray. They have
something called as mating season. Unfortunately for us, 365 days is mating
season (sic)." timesofindia
PERSONAL LAW
vs UNIFORM CIVIL CODE
Confusion over
teiple talaq verdict deepens as SC declines to "clarify" order when
Kapil Sibal says it did not represent majority opinion of bench
New Delhi: The
Supreme Court on Thursday declined to "clarify" its verdict that had
by majority declared instant triple talaq to be un-Islamic and
unconstitutional.Senior lawyer Kapil Sibal, who appeared for the All India
Muslim Personal Law Board, mentioned the matter before Chief Justice of India
JS Khehar, who had authored the minority ruling in this case with Justice S A
Nazeer.Sibal submitted the final page of order at the end of 395-page judgement
does not reflect the majority view of the bench. He wanted further
clarifications."To our mind, the judgement is clear.There is no need for
any clarification," CJI Khehar said.The court, however, said the counsel
can file appropriate application, if he felt so.The top court's 5-judge bench
by 3:2 had on August 22 declared the practice of instant divorce by pronouncing
talaq thrice at one go as arbitrary and unconstitutional. It also concluded
that the practice is not part of Islam.The 3 separate verdicts totalling 395
pages, written for the majority by Justices Kurian Joseph and RF Nariman, did
not concur with the minority view of CJI and Justice SA Nazeer that 'triple
talaq' was a part of religious practice and the govt should step in and bring
in a law. 3 judges, Justices Joseph, Nariman and UU Lalit, expressly disagreed
with CJI and Justice Nazeer on the key issue whether triple talaq was
fundamental to Islam.CNN-News18
Is CJI’s
contradiction led other 3 judges to strike down Triple talaq? CJI first
declares talaq under fundamental right,
later stays for 6 months, even orders legislation
New Delhi:Justice
Kurian Joseph caught the constitutional contradiction in Chief Justice JS
Khehar's 272-page judgment which held the minority view — that triple talaq was
a constitutionally valid mode of divorce being intrinsic to Islamic personal
law and hence part of fundamental rights. Of the 272 pages, Justice Khehar and
Justice S Abdul Nazeer devoted 268 pages to examine triple talaq from every
possible perspective — legal, constitutional and theological — and recorded,
"We have arrived at a conclusion that talaq-e-biddat (tripletalaq) is a
matter of 'personal law' of Sunni Muslims belonging to Hanafi school. It
constitutes a matter of their faith. It has been practised by them for at least
1400 years."We have examined whether the practice satisfies the
constraints provided under Art 25 (right to religion) of the Constitution, and
have arrived at the conclusion that it does not breach any of them.We have also
come to the conclusion that the practice being a component of 'personal law',
has the protection of Art 25 of the Constitution."Having constitutionally
cloaked triple talaq, the CJI declared, "Religion is a matter of faith,
and not logic. It is not open to a court to accept an egalitarian approach over
a practice which constitutes an integral part of religion. After making triple
talaq immune from judicial interference, CJI remembered SC's constitutional
powers under Art 142 to do 'complete justice'.In the last 4 pages, CJI dealt
with the near unanimous view that the practice was "arbitrary and gender
discriminatory" and said India should take the legislative route to do
away with this practice as had been done by countries with sizeable Muslim
populations and even by theocratic Islamic states. This 4-page discussion
persuaded the CJI and Justice Nazeer to stay the practice of triple talaq,
which they had declared to be a fundamental right. This raised the discomfiting
question — can a constitutional court stay the operation of a fundamental
right? CJI and Justice Nazeer did that, albeit for a period of 6 months, to
enable Parliament to legislate on it.They even went on to "beseech
different political parties to keep their individual political gains apart while
considering the necessary measures requiring legislation". Justice Joseph,
who along with Justice RF Nariman and Justice U U Lalit constituted the
majority in striking down triple talaq, caught this contradiction, even though
mentioning it fleetingly, out of respect for the CJI, in his 27-page judgment. Justice
Joseph said, "After the introduction of Muslim Personal Law (Shariat)
Application Act, 1937, no practice against the tenets of Quran is permissible.
Hence, there cannot be any constitutional protection to such a practice (triple
talaq) and, thus,my disagreement with the learned Chief Justice for the
constitutional protection given to triple talaq."He nailed the
contradiction by writing, "I also have serious doubts as to whether even
under Article 142, the exercise of a fundamental right can be injuncted
(stayed)."TOI
Jamiat defiant:Triple
talaq still valid, punish if you wish to
Striking a defiant
note a day after the Supreme Court set aside the practice of instant triple
talaq Jamiat Ulama-i general secretary Maulana Mahmood Madani said that
regardless of the court ruling, the practice of talaq, including instant triple
talaq, will continue in the country and will be considered valid. “If you want
to punish the person for it, you can do so but the divorce will be recognised,”
Madani said. “We are viewing this very seriously. Not only do we not agree with
the judgment, we think this is a direct assault on the fundamental right to
practice religion. The repeated reference to nikaah, halala, polygamy etc have
raised apprehensions that there may be more such interference on the anvil,” he
said. “I want to state in unequivocal terms that talaq will continue to happen
even though it is the worst sin in Islam, even instantaneous talaq will happen.
If you want to punish the person, you can but the divorce will be deemed to
have happened,” Madani said. He cited the example of owning a revolver licence.
“Police has given it to me for self-defence, not to kill somebody,”he said,
trying to explain why Islam incorporated the provision of talaq while deeming
it halal.indianexpress
Congress, Muslim
Personal Law Board must apologise to Muslim women now: UP minister Raza
Lucknow:UP govt’s
Muslim face Mohsin Raza in an interview hailing the Supreme Court's verdict on
triple talaq, blamed AIMPLB and the Congress for keeping quiet on the
exploitation of Muslim women for so long. On the SC order on triple talaq,
"It’s a historic order that would liberate our sisters from the
exploitation they suffered for so long. And who made them suffer? It was All
India Muslim Personal Law Board and the Congress that refused to act against
this exploitation for obvious reasons. Remember how the then Congress Govt circumvented an SC judgement in the Shah Bano
case through an act in 1986. That’s how Muslim women were made to suffer for
vote bank reasons." Attacking AIMPLB, UP minister said, "How can an
NGO that the AIMPLB actually is be so powerful that it started influencing
decisions, being oblivious to exploitation of women?."He added, "They
(AIMPLB) started looking within only when they realised that their tactics to
suppress Muslim women won’t work any longer. In fact, I would say that if the
Board still refuses to see reason after the SC order and remains rigid, then it
should be banned. In fact, both the Board and Congress must apologise to Muslim
women."HT
7 yrs after banning
Triple Talaq, MP’s sharia court reacts to SC
Long before the
Supreme Court’s judgment holding triple talaq unconstitutional, the judges of
MP’s Sharia court had put an end to hearing cases related to the unsavory
practice, restricting themselves to only single talaq cases since 2010.
Welcoming the SC’s 3-2 verdict of 22 Aug, Shariat court (Dar-ul-Qaza) Chief
Judge Mushtaq Ali Nadvi said: “I have often opposed the practice of instant
talaq and urged the parties to follow Shariat laws related to nikah and talaq,”
adding that courts “banned seven years ago what the SC has done today”.
Emphasising that he “stands by” AIMPLB, Nadvi said that he would abide by the
decisions that this body takes in the course of the next week or so.Dar-ul-Qaza
is the only Sharia court in MP, run by Bhopal Masajid Committee, which hears,
resolves and delivers judgements on matrimonial disputes of the Muslim
community but it does not force the parties to follow its pronouncements. The
court is presided over by two judges –Ali Nadvi and Sayed Babar Hussain
Nadvi.When asked whether Parliament should legislate a law to do away with
triple talaq, Ali Nadvi said:Parliament is free to make laws on any subject and
several Bills remain pending in both Houses, but the central Govt has been targeting a single community and has
been racking up religious issues to get political mileage. These moves, Ali
Nadvi said, are against the spirit of Article 25 of the Constitution, which
says that “All persons are equally entitled to freedom of conscience and the
right to freely profess, practice, and propagate religion subject to public
order, morality and health. Setting
aside MP HS judgement against Dar-ul-Qaza and Darul ifta, an SC's
3-judge Bench led by RM Lodha (then CJI), ruled in 2014 that while the
institution of Dar-ul-Qaza has no legal status, they were not altogether
illegal.Bench added that the institutions functioned as “informal justice
delivery systems” that amicably settled disputes between parties in the light of
the “book of Allah” and “sunnat of the Prophet”.To drive home their point, the
judges said that institutions represented “alternative dispute resolution
mechanisms” which settled disputes outside the court. Justice Lodha-led Bench
said for good measure that a fatwa was an experts’ opinion which influences
Muslims, but parties to a dispute could either accept, ignore or reject it.
Besides, the Bench held that Shariat courts had no right or power to enforce
fatwas and if they did so, it would be illegal. Earlier, we would rarely
entertain unilateral decisions involving triple talaq but after a few cases
adjudicated by the Supreme Court in the past, we would take decisions in the
presence of both the parties. And since the second party (wife) would not appear
before us,we would cajole the 2 parties to approach the district court. “Now it
is an unwritten rule in our court that we don’t accept triple talaq
cases,”added Ali Nadvi, who is also Shahr-e-Qazi. thequint
Triple talaq case-
can justice Nariman’s view on arbitrariness be treated as a binding declaration
of the constitution bench? Manu sebastian
OTHERS
Jamaat Islami seeks
govt, parties help for incident-free Eid
New Delhi:The
President of Jamaat-e-Islami Hind, Maulana Syed Jalaluddin Umari has written to
the Home Minister of India, various CMs of India and the heads of major
political parties of India seeking their cooperation in ensuring a peaceful and
incident-free Eid ul Adha. It may be noted that Jamaat along with some
prominent Ulema and Muslim organizations
have also issued a joint advisory to Muslims on how to conduct themselves
during Eid.Indian Awaaz
Muslim leadership issues
Eid Al-Adha advisory for community
New Delhi: Top
Muslim leaders of the country on Wednesday issued a joint and nationwide
advisory in view of the upcoming Eid al-Adha or Bakrid. While admitting that
Muslims may encounter some difficulties this time in procuring and sacrificing
the animal, the leaders asked the community not to become negligent of this
important responsibility. Instead, "you should help each other and observe
the qurbani in the same manner as you have been doing previously," they
said.The leaders also asked the community not to sacrifice animals on roads,
ensure highest level of cleanliness and hygiene and not to do any such thing
that could disturb neighbors especially those belonging to other faiths.
"You should not take the law in your hands under any circumstances,"
they said.Perhaps it is first time, at least in recent time, that top
leadership has issued such advisory. This could be seen in the backdrop of
recent attacks of cow vigilantes and central Govt's notification banning
sale/purchase of cattle from cattle marker for slaughtering or religious
sacrifice. The joint advisory has been issued by: Maulana Syed Muhammad Rabey
Husni, President, AIMPLB, Maulana Syed
Jalaluddin Umari, President JIH, Maulana
Mehmood Madani, of Jamiat, Maulana
Khalid Saifullah Rahmani, Navaid Hamid, head
of Majlis-e Mushawarat, Maulana Ali Asghar Imam Mehdi head of Markazi Jamiat
Ahle Hadees, Maulana Yaseen Akhtar
Misbaahi and Maulana Kalbe Jawwad. IndiaTomorrow
Joint Advisory by Muslim
Orgs, Scholars of various sects head of Eid ul Adha in days Cow terrorism
Muslim bodies issue
advisory to community on Eid ulAdha
Satisfied with Maharashtra
Govt measures to check cow vigilantism: HC
Mumbai: Bombay high court has said that it was satisfied with the
measures taken by the Maharashtra Govt to "maintain law and order"
and declined to issue any directives over cow vigilante attacks."We are
satisfied that the state has taken necessary steps to ensure the festivals are
celebrated in peace," said a division bench of Justice Bhushan Gavai and
Justice Makrand Karnik, while pointing out that this year the Muslim festival
of Bakr Eid coincides with Hindu festivals like Gauri Pooja and Ganesh
Chathurthi. HC accepted the state's assurance to take measures "to ensure
no untoward incidents take place while transporting animals for Eid." HC
reiterated that it was not inclined to "judicially legislate on the issue
or what should be done by the state." The HC went through the circulars
issued by state DG and Mumbai police commissioner as well as a confidential
communication by commissioner of state IB to police stations across the state.
Additional public prosecutor Jayesh Yagnik informed the court that all steps
had been taken to maintain law and order. timesofindia
Muslim front seeks
proper arrangements while carrying out symbolic sacrifice
Vasco: Progressive
Muslim Front, Vasco, has urged the directorate of animal husbandry to direct
the chairman of Goa Meat Complex to make necessary arrangements there, and the
law enforcing agencies to do the needful in providing a safe atmosphere to the
Muslims for carrying out the symbolic sacrifice on the occasion of Eid ul Adha. navhindtimes
Sikhs Show Unity
With Muslim Leaders In Punjab After Quran Sacrilege
Malerkotla:A team
of Shiromani Akali Dal headed by General Secretary S. Amrik Singh Ballowal,
reached Malerkotla to inquire about the sacrilege of ‘Quran Sharif’ that had
occurred a few days back. The sacred Muslim holy book was desecrated by some
miscreants.Meeting President of Muslim Federation of Punjab Advocate Movin
Faruqi and others in Malerkotla, the SADA team had full details of the incident
shared with them. SAD (Amritsar) also expressed solidarity with Muslim community
in these unfortunate time to support the struggle for bringing the culprits to
justice.Interacting with media on this occasion, SAD (Amritsar) General
Secretary S. Amrik Singh Ballowal said that that attacks on minorities and
sacrilege of their religious scriptures won’t be tolerated at any cost in
Punjab. He added that the Shiromani Akali Dal (Amritsar) was steadfast to fight
against Indian state’s oppression and hooliganism of Hindu fanatics. sikh24
Hussaini Brahmins:
Hindus who fought for Imam Hussain in war of Karbala: india.com
Term ‘Hussaini
Brahmins’ comes as a surprise for the majority of readers. It is perceived as
if 2 contradicting words are aligned together.However, its definition is a
source of inspiration for those who believe in plurality, unity and diversity.
At a time when communal animosity is escalating between Hindus and Muslims, one
should reminisce the valour shown by Brahmins residing in North-West frontier (Pakistan)
by joining the martyrdom of the revered Islamic figure.Rahab Singh Dutt,
upper-caste Hindu belonging to Mohyal community traveled all the way to Iran,
along with his sons to join Imam Hussain, the grandson of Prophet Muhammad in
the war of Karbala. The famous battle was fought against caliph Yazeed, who had
turned corrupt and spread a cruel rule in the region of al-sham (now Iraq, Iran
and Syria). Since grandson of prophet took objection to his unjust methods,
Yazeed launched a war against him. Imam Hussain, who was left with a few number
of supporters in the region of Central Arab (now Medina, Oman and Yemen) wrote
a number of letters to neighbouring tribes and regions which had maintained
good relations with Prophet Muhammad. One such letter reached Brahmins of
North-West frontier.Despite knowing the fact that he was participating a
one-sided battle and destined to lose, Datt joined the forces of Hussain.
According to Sunita Jhingran, who claims to be a Mohyal descendant of Rahab
Singh Dutt, “Our ancestors joined the forces because Imam Hussain was fighting
against the oppression of people under Yazeed’s rule. He was fighting for true
Islam, which was propagated by the beloved prophet. Rahab Singh Dutt was a
warrior who joined the forces of the Imam since he was standing for the
righteous.” Rahab Singh Dutt joined the losing battalion of Hussain. Dutt did
not die in the battle, but his 7 sons who accompanied him lost their lives
shortly after the beheading of Imam Hussain. After the battle, he met Hussain’s
sister, Zainab and narrated his story. According to Vipin Mohan Jhingran, who
claims to be a Hussaini Brahmin, Zainab was moved to tears after confronting
Dutt. “Family of Prophet told our ancestor Rahab Singh Dutt that from now you
are not just Brahmins, but ‘Hussaini’ Brahmins,” said Jhingran.Hussaini
Brahmins thrived in the regions of Pakistan in the pre-independence era. Community
members are identified with surnames such as Mohan, Bali, Chibber,Dutt, Bakshi,
Lav, Bimwal and Jhingran. After partition, they migrated to India and settled
in various parts of the nation.
No Durga idol
immersion on Oct 1 due to Muharram, maintain communal harmony: Mamata
Kolkata: With
Muharram scheduled a day after Dussera this year, West Bengal CM Mamata Banerjee asked the people on Wednesday
to cooperate with each other and not to fall prey to provocation leading to
communal problems.Some quarters may try to instigate people to flare up
communal tension and there are people who may try to take political advantage
of this, Banerjee said, addressing a meeting of Durga Puja committees in the
evening.She asked, “Why should we take the blame because of some people who are
trying to take political advantage?,”Banerjee directed SPs in the districts to
talk to Durga Puja committees and Muharram committees regarding holding of
their rallies, and said that there would not be any idol immersion on Oct.1, on
scheduled day of Muharram. “Immersion will resume on Oct.2 and will continue
till Oct. 4,” she said. CM also asked the people not to pay heed to posts on
social networking sites leading to communal disturbances.“It is the latest
trend. People are posting fake photos of incidents on social networking sites.
People must be very cautious about this and remember that cybercrime is also a
crime,” she said.“Muharram is not a festival we must keep that in mind. It’s
our responsibility. I have heard that some people have plans to disturb and
drive people in a wrong path,” she said stressing that the puja committees
should play a “bigger role” in this context.PTI
Shiv Sena compares
Jain monk to Zakir Naik for backing BJP in municipal polls , says BJP won polls
using ‘money’, ‘muni’
Mumbai: 2 days
after BJP won Mira Bhayander Municipal Corporation polls with a clear majority,
the Shiv Sena charged its alliance partner in the state Govt of winning the polls using “money” and muni
(monk), referring to a Jain monk who reportedly made a videographed plea to
community members to vote for the BJP. Sena also compared the Jain monk to Dr
Zakir Naik, calling his canvassing for votes a “fatwa”. Sena on Wednesday filed
a complaint with the Election Commission of India, objecting to Jain monk
Naypadmasagarji Maharaj’s video in which the spiritual leader is seen urging
the community to vote for the BJP to create a “meat-free society”. The Sena has
demanded the disqualification of the candidates who benefited from the monk’s
speech. “Monk has campaigned on religious lines to help BJP candidates win. BJP
won the polls using money and muni. BJP’s victory is a disgrace to Maharashtra’s
culture,” said Sanjay Raut, senior Sena leader and Rajya Sabha MP, addressing
the media at the Sena HQRS in Dadar. “Jama Masjid’s Imam used to come out with
such fatwas earlier. Now, the Jain monk came out with a fatwa in the Mira
Bhayander polls. Such people are political goons, I compare them to Zakir
Naik,” said Raut. He said as campaigning on religious lines is a violation of
the model code of conduct, the party has filed a complaint with Election
Commission of India and State Election Commission.BJP has bagged 61 seats out
of 95 in the Mira Bhayander civic polls held on Sunday. The Sena, which was
hoping to win more than 45 seats, received a major setback and won only 22
seats. Congress won 10 seats while NCP could not open its account.. indianexpress
SC issues notice to
Centre on plea against rule denying reservation benefits to Dalit Christians
Supreme Court has
issued notice to the ministry of social justice and empowerment on a petition
filed by All India Catholic Union and leading Christian political activist John
Dayal challenging the validity of para 3 of Constitution( SC) order 1950 by
which dalit Christians are denied reservation benefits. PI Jose, the lawyer who
appeared for the petitioners told the court that this provision was being
misused by Hindu right wing organizations like the RSS and VHP to indulge in
Ghar Wapsi, that is re-conversion of Christians and Muslims into
Hinduism “The petition also raises the
point that RSS and its affiliates are misusing the delay in not hearing the
original 2004 petition on this issue by engaging in Ghar Wapsi etc. and
therefore there is a need to hear the matter early, even though UOI is delaying
it by not filing a reply”, said advocate Jose.As per para 3 of Constitution
(scheduled castes) order 1950 which the petition has challenged, “no person who
professes a religion different from the Hindu, the Sikh or Buddhist religion
shall be deemed to be a member of a scheduled caste”.he court issued notice and
directed it to be taged with Writ Petition no. 180/2004 (old matter).Expressing
concern over ‘Ghar Wapsi’or the re-conversion programme indulged in by Hindu
right wing outfits, they moved a fresh petition for of the clause. Dayal and
the Christian body argued that bodies like the RSS and VHP are capitalizing on
the delay by luring dalit Christians to re-convert by promising them Scheduled
Caste rights and other incentives. Admitting the petition, a bench of chief
justice JS Khehar and Justice DY Chandrachud issued notice to the Social
Justice Ministry seeking their response. livelaw
Kerala: Father files
complaint against activist Easwar for leaking video, showing Hadiya still
practicing Islam
https://www.thequint.com/india/2017/08/23/complaint-against-rahul-eshwar-for-releasing-hadiyas-video
Days after activist
and TV personality Rahul Easwar released the controversial "Love Jihad
Tapes", that show Hadiya (a Hindu woman who embraced Islam and took up the
name Hadiya) questioning her mother on her choice of religion, her family has
filed a complaint against Rahul.In his complaint given to the Sub Inspector of
Police (Vaikkom) Saby, Ashokan, Hadiya’s father, alleges that Rahul had cheated
them by releasing the footage.SI Saby told TNM that while they have received a
complaint, the police have initiated preliminary probe on Ashokan's complaint.
An FIR is yet to be lodged, he added. On 17 August, Rahul had released a selfie
photograph of him, Hadiya and Ashokan, where Hadiya was seen wearing a hijab.
He also released a 1 minute 53 seconds video showing Hadiya arguing with her
mother.In a 6-page complaint to the police, Ashokan alleged that Rahul had
exploited the family's distress and had cheated them. Ashokan has also accused
Rahul of being the tool of terrorist organisations in convincing the world that
Hadiya continues to live as a Muslim.By leaking the photograph and video, Rahul
provided fodder to the media, that ran prime time shows arguing that Hadiya was
still a practicing Muslim, the complaint says.However, Rahul had told TNM that
the photographs and the video was taken with the knowledge and permission of
the family. Asked whether his action had violated the court order, Rahul had
said that the Kerala HC had already recorded Hadiya's statement and that a
"mere technicality that the case is sub-judice shouldn't stop him from
revealing the truth." thequint
Hadiya's father
files complaint against activist Rahul Easwar for releasing video
Hindu family
coverts to Islam in MP after facing social boycott since 28 years
Chhatarpur: A Hindu
man and his family here have embraced Islam after allegedly facing social
boycott for over 28 years since he married a Muslim woman.Vinod Prakash Khare
(51), a resident of Rajnagar town in the district in Bundelkhand region, said
he had married a Muslim woman nearly 28 years back. Post the marriage, his wife
was assigned a Hindu name. However, their alliance was not accepted by the
family, relatives and society at large and his family was ostracised, he
alleged.Khare, his wife, daughter and sons converted to Islam on August 21.
"The Hindu society has not been supportive of us. Nobody used to invite us
to marriages," he said."I was not even allowed to lend a shoulder to
my father’s body during his funeral procession. In such times, the Muslim
society helped us, so our family decided to accept Islam," said the man,
who is now rechristened as Ghulam Mohammed.Rajnagars SDM Ravindra Choukse said he
was aware about familys conversion. "I have got information about the
conversion of Khare and his family. In case of any dispute or controversy
necessary steps would be taken," Choukse said.PTI
RSS worker murdered
on roadside in Kerala, communal tensions might flare up
A RSS worker
accused of murder was stabbed to death early on Thursday in Kerala’s Malappuram
district, police said, ratcheting up temperatures in a state that has seen a
spate of political violence. Vipin – whose body was found on the roadside with
several stab wounds – was allegedly part of a team that murdered Aneesh Kumar,
also known as Faisal Pullani (31) 8 months ago for converting to Islam. Vipin
was released on bail last week.Tension gripped the sensitive Kodinji area after
the murder and police tightened vigil across the district. Eight members of
Faizal’s family also converted to Islam last month.Vipin’s murder was the
latest in a string of political killings in the state that has prompted the RSS
to blame the ruling Left Front of murdering opponents. Earlier this month, a
34-year-old RSS worker was killed and his hands chopped off allegedly by CPI(M)
supporters. hindustantimes
‘Pig, go back to
India’: Indian origin CEO abused by Trump supporter in US
New Delhi: An
Indian-origin CEO in the US was racially abused after he wrote an article
saying he will not defend US President Donald Trump’s economic agenda after the
violence in Charlottesville where white supremacists clashed with counter-demonstrators.“I
recently told New York Times I was ‘rooting’ for certain aspects of Trump’s
economic agenda,” Ravin Gandhi, CEO of GMM Nonstick Coatings, wrote for CNBC. “After
Charlottesville and its aftermath, I will not defend Trump even if the Dow hits
50,000, unemployment goes to 1 percent, and GDP grows by 7%. Some issues
transcend economics, and I will not in good conscience support a president who
seems to hate Americans who don’t look like him,” he said.What followed were a
string of racist attacks on email and Twitter and Gandhi posted a voicemail on
YouTube on Thursday of a woman abusing him and saying: “You’re a f****** Indian
pig.”Continuing with the rant, the alleged Trump supporter can be heard
scornfully saying: “Get your f****** garbage and go back to India, and sell it
there.”The woman also called the Indian American US ambassador to the United
Nations Nikki Haley a “Bangladesh creep” and said they will start taking down
Buddhist statues.Gandhi is not a Buddhist and grew up in Illinois’ Waukegan,
the Chicago Tribune reported.The audio has more than 7000 views, with a user
pointing out that India wasn’t a Buddhist majority country and saying: “Why are
racists so ignorant?”HT
India warned plan
to deport Rohingya refugees will only inflame persecution: theguardian
New Delhi :A plan by Indian Govt to deport tens of thousands of Rohingya
refugees will increase harassment of the persecuted Muslim minority while
proving impossible to implement, activists have warned.Earlier this month,
India’s ministry of home affairs sent a letter to each of the country’s state Govts
asking them to identify and deport all illegal immigrants, including Rohingya
refugees.The letter said the refugees were a potential security threat and a
burden on resources, calling on law enforcement and intelligence agencies to
take “prompt steps in identifying the illegal migrants and initiate the
deportation processes expeditiously”. But Madhurima Dhanuka, coordinator of Commonwealth
Human Rights Initiative’s prison reforms programme, said deporting the
Rohingyas to Myanmar was “legally, procedurally and practically impossible”.“Rohingyas
are not merely economic illegal immigrants, but people who have been forced to
flee their homeland for fear of persecution,” she said. “This distinguishes
them from other illegal immigrants who the Govt has the authority to deport or prosecute.”
Purohit claims he
kept Army in loop, Army blew his cover
New Delhi:A key
defence of 2008 Malegaon blast accused Lt Col Shrikant Prasad Purohit, who
stepped out of Taloja jail in Navi Mumbai Wednesday after being granted bail by
the Supreme Court, was that he had infiltrated radical Hindutva groups as an IB
officer and had informed his superiors about it.In interviews, Purohit
maintained that the Army always stood by him. But an inquiry, conducted by DG Military
Intelligence after it was informed by the IB of his involvement, found that he
had taken counter-measures to dissociate himself from the blast case and
generated intelligence on alleged involvement of accused Sadhvi Pragya Singh
Thakur after learning from his sources that she was going to be held by the
Maharashtra ATS. Inquiry concluded that “the officer is highly indoctrinated,
deals with illegal proliferation of weapons and hiding facts”. Inquiry report
also said that his wife,Aparna Purohit, “revealed that her husband has deep
hatred for Islam and he may be involved in activities directed against them”. indianexpress
India swine flu
death toll rises above 1,000 this year
India appears to be
in the grip of a swine flu outbreak with 1,094 recorded deaths over the past
eight months, said an official report on Wednesday.The last 3 weeks have seen
the highest number of fatalities, at 342.A total of 22,186 cases have been
reported across the country.The number of deaths this year is four times more
than fatalities recorded over the equivalent period in 2016, which itself saw a
dip in occurrences of the disease.The western state of Maharashtra is the worst
affected, where the death toll stands at 437, according to data revealed by Union
Health Ministry. Neighbouring Gujarat follows closely with 297 deaths. bbc
Ram Rahim rape case
verdict highlights: HC raps Haryana govt for not imposing section 144 on time
A notification has
been issued to suspend mobile internet services in Haryana, Punjab and
Chandigarh as the situation has aggravated ahead of the verdict against Dera
Sacha Sauda chief Gurmeet Ram Rahim Singh rape case. Thousands of Dera
followers have already gathered in Panchkula in show of support to Ram Rahim. Security has been beefed up with around 5,000
police personnel have been deployed in the city, as authorities are
anticipating large-scale violence in case the verdict goes against Ram
Rahim.The Army has also been contacted by the state Govt s to ensure assistance
in maintaining law and order. Schools and colleges in Panchkula were closed on
Wednesday and are said to reopen on August 28. Suspension of mobile internet is
also being considered in order to curb violence from spreading. indianexpress
New Rs 50 note out?
Before RBI’s official release, Mumbai man seen possessing one
A new Rs 50 bank
note, that is scheduled to be circulated by the Reserve Bank of India soon, was
found in possession of a Mumbai man on Thursday. An exclusive picture of the man
with the new note has been accessed by The Indian Express. Govt has confirmed
that the Reserve Bank of India will shortly issue Rs 50 denomination banknotes
in the Mahatma Gandhi (new) series, which will bear the signature of central
bank governor Urjit Patel.The new denomination Rs 50 banknote has motif of
Hampi with Chariot on the reverse, depicting the country’s cultural heritage.
The base colour of the note is Fluorescent Blue. However, all banknotes in the
denomination of Rs 50 issued by the central bank in the earlier series will
continue to be legal tender. indianexpress
India is full of
accidents, natural disasters: China warns citizens
Beijing: China intensified
its criticism of India and issued a second advisory warning its citizens living
in India about various safety risks. The moves come ahead of the BRICS summit,
which will see leaders from five countries, including PM Narendra Modi, meeting in the Chinese city of
Xiamen in early Sept."It seems that Indian side is slapping its own
face," Chinese foreign ministry spokesperson Hua Chunying said while
discussing reports that India was building a road between Marsimik La to Hot
Spring in Ladakh sector.China's ire at Indian infrastructure comes in the wake
of the Doklam dispute, which took place after India objected to road building
by Chinese troops in the disputed area. timesofindia
China slams India
for road construction in Ladakh
Beijing:China slammed
India for apparently building a new road in the Ladakh sector, but lavished
praise on Pakistan as its key partner. The move signals a sharper polarisation
of Beijing’s ties in the subcontinent, following the Doklam crisis.“It seems
that Indian side is slapping its own face,” Chinese Foreign Ministry
spokesperson Hua Chunying said, in response to reports that India was building
a road between Marsimik La to Hot Spring. The area is not far from the Pangong
lake in Ladakh, where there was an unarmed clash between Indian and Chinese
troops earlier this month.Ms. Hua’s warning that the decision to build a road
could boomerang on India, came in backdrop of the crisis in the Doklam plateau,
where Indian and Chinese troops are engaged in a lengthy stand-off. thehindu
WORLD
Pak should not be
made 'scapegoat' for failure of US military to win war in Afghanistan: Foreign
Minister
Pakistan has
rejected President Trump's criticism of its efforts to fight terrorism saying
it should not be used as a scapegoat for the failure of US military to win the
war in Afghanistan.US President Donald Trump unveiled his policy for
Afghanistan on Monday, committing to an open-ended conflict there and singling
out Pakistan for harbouring Afghan Taliban insurgents and other militants.US
officials later warned that aid to Pakistan might be cut and Washington might
downgrade nuclear-armed Pakistan's status as a major non-NATO ally to pressure
it to do more to help bring about an end to America's longest-running war. Pak
Foreign Minister Khawaja Asif added his voice to a chorus of indignation in
Pakistan over the US criticism, reiterating Pakistan's denial that it harbours
militants.'They should not make Pakistan a scapegoat for their failures in
Afghanistan,' Asif said. 'Our commitment to war against terrorism is unmatched
and unshaken.'Asif said Pakistan had suffered great losses from militancy - the
Govt estimates there have been 70,000
casualties in militant attacks, including 17,000 Pakistanis killed - since
Pakistan joined US 'war on terrorism' after 2001, attacks on the US.But he said
Pakistan's efforts to fight terrorism were being taken for granted and
dismissed the notion the US could 'win war against terror by threatening us or
cornering us'.US Secretary of State Rex Tillerson, who is due to meet Asif in
coming days, on Tuesday outlined a range of options to change Pakistan's
approach but conceded there were concerns about putting too much pressure on
Pakistan.Asif said Pakistan was also angered by Trump's appeal to India to do
more in Afghanistan. 'Attempting to isolate Pakistan will not yield anything
but a dangerous sharpening of strategic fault lines,' said Sherry Rehman, a
senior opposition politician and former Pakistani ambassador to the US. Opposition
politician Imran Khan said Pakistan should finally learn a valuable lesson:
'Never to fight others wars for the lure of dollars,' he said on Twitter.Daily
Mail
Pakistan bars LeT,
64 groups from collecting hides on Eid
Tajik National Bank
to freeze Islamic organisations' bank accounts: Xinhua report
Astana:Tajik
National Bank will freeze the accounts of 1,178 terrorists and extremists
organizations that are on a list provided by the National Security Committee,
according to reports on Wednesday.The list, which is constantly updated, has
been expanded from the one six months ago, which listed only 200.The
organizations listed are officially banned in the Central Asian country by the
Supreme Court. Among them are the Muslim Brotherhood, Jamaat-e-Islami, Taliban
Movement, the Islamic Renaissance Party of Tajikistan, Lashkar-e-Taiba, Tablighi
Jamaat, the Islamic State group and the Jabhat Al-Nusra. Corresponding
authorities are required to immediately and unconditionally freeze the bank
accounts of all the people and organizations on the list. The move is partly
intended to fight money laundering.
Qatar restores
ambassador to Iran amid regional crisis
Qatar says its
ambassador will return to Tehran more than 20 months after he was recalled in
protest over the ransacking of Saudi's missions by protesters angry at Riyadh's
execution of a prominent Shia Muslim cleric.In a statement released on
Thursday, the Qatari foreign ministry said its ambassador would "return to
resume his diplomatic duties", as Doha wanted to strengthen ties in all
fields with the Islamic republic.The information office did not specify an
exact date for the ambassador's return - or provide his name - but said Qatari
Foreign Minister Sheikh Mohammed bin Abdulrahman Al Thani discussed
"bilateral relations and means of boosting and developing them" in a
telephone call with his Iranian counterpart Javad Zarif.The decision to restore
ties with Iran comes amid Arab diplomatic dispute.Qatar recalled its ambassador
to Tehran in January last year after Saudi Arabia cut ties with the Islamic
Republic, accusing Iran of failing to protect its embassy in the capital and
consulate in Mashahd against protesters who had ransacked them.Kristian Coates
Ulrichsen, a research fellow at James A. Baker III Institute for Public Policy
at Rice University said the decision to install the ambassador shows Qatar is
prepared "to go in a different direction".Qatar, which is dependent
on food imports, imported the vast majority of its food from its Gulf
neighbours before they imposed a punishing trade and travel blockade. aljazeera
Qatar restores
diplomatic ties with Iran despite demands by Arab neighbors
Civilians in Raqqa
under fire 'from all sides': Amnesty
Civilians fleeing
the battle to remove ISIL from the Syrian city of Raqqa face a "deadly
labyrinth", with fire coming from "all sides", rights group
Amnesty International has warned.Amnesty said on Thursday that the US-led
coalition campaign to drive the ISIL group out of its de-facto capital has
killed hundreds of civilians, and those remaining there face greater risk as
the fight intensifies in its final stages."As the battle to wrest Raqqa
from Islamic State intensifies, thousands of civilians are trapped in a deadly
labyrinth where they are under fire from all sides," Amnesty Senior Crisis
Response Adviser Donatella Rovera said, referring to another name used for
ISIL.In recent days, the US-led coalition intensified its ferocious bombing
campaign in Raqqa, more than half of which has been captured by US-led SDP
battling ISIL.Residents told Al Jazeera on Tuesday that at least 100 civilians
were killed over a 48-hour span by US-led air attacks on the city.UN estimates
that up to 25,000 civilians may remain in the city with tens of thousands of
others have already fled, risking ISIL sniper fire and mines.Amnesty criticised
US-led campaign for artillery and aerial bombardment on areas containing
civilians and asked for an end to attacks that risk being indiscriminate.
"Whether you live or die depends on luck because you don't know where the
next shell will strike, so you don't know where to run," a former Raqqa
resident told Amnesty. Aljazeera
Sisi secures
Israel’s interests in Syria
An Israeli report
has praised Egypt’s intervention in managing the Syrian crisis and its efforts
to rein in Iran’s influence in the country in a manner which serves Tel Aviv’s
interests.In an article titled “In Blow to Iran, Egypt Becomes Surprise New
Player in Syria”Arab affairs analyst for Haaretz, Zvi Bar’el, said that Egypt
“received Saudi and Russian permission to conduct negotiations between the
rebel militias and the regime, both in Ghouta Al-Sharqiya [east of Damascus]
and the northern neighbourhoods in the city of Homs. In both cases, it managed
to get a cease-fire deal signed – in the former on July 22, in the latter in
early August.”The two areas fall on the map of de-escalation zones that Russia,
Turkey, and Iran agreed to establish, in coordination with the US. middleeastmonitor
YouTube removes
Syrian videos showing war crimes
YouTube has blocked
thousands of Syrian videos showing atrocities and violations of human rights
carried out during the ongoing conflict, Anadolu reported yesterday.YouTube is
using a new artificial intelligence programme that tracks and monitors videos
with “violent contents” and at the same time “violates publishing rules” set by
company.Various media organisations have been targeted by Youtube’s new
programme, including Middle East Eye. Middle East Monitor’s YouTube channel has
also been suspended for allegedly violating YouTube’s guidelines. Some of the
content which was flagged included footage of the aftermath of Daesh atrocities
and human rights abuses committed by other armed groups.Due to the lack of
clarity on why the content has been pulled it’s difficult to say if this is an
attack on media freedom or a consequence of the new automated technology. middleeastmonitor
Hamas condemns
Sudanese minister’s call to normalise relations with Israel
Hamas condemned the call by a
Sudanese minister to normalise relations with the occupation state of Israel.
“The minister’s remarks are racist and provocative, and incite against
Palestinian resistance, Hamas and the Palestinian people,” the movement said.
“They do not reflect the values and principles of the Sudanese, who love the
Palestinians and support their resistance.”What makes the comments all the more
reprehensible, said Hamas, is that they were made by a member of the Mahdi
family, which is well known for its support for the Palestinian cause. The
statement reiterated that Arab and Islamic nations “are the strategic depth of
the Palestinian people and their just cause.”Hamas called for the Sudanese
people, govt and factions to condemn remarks of Investment Minister Mubarak
Fadel, not least because they reflect “clear ignorance about Palestinian
cause.” middleeastmonitor
Committing to a 2-state
solution displays bias, claims US official
Committing to a
two-state solution for the Israel-Palestine conflict would make the US a biased
intermediary, the US State Dept announced. Spokeswoman Heather Nauert made this
point during a press briefing at the White House, while insisting that US
President Trump has made a peace agreement a top priority.“We are not going to
state what the outcome has to be,” Nauert explained. “It has to be workable to
both sides. That’s the best view as to not really bias one side over the other,
to make sure that they can work through it.”The comments came as an American
delegation headed by Trump’s son-in-law and senior adviser Jared Kushner
arrived in Tel Aviv last night to resume negotiations between Israeli govt and
the Palestinian Authority. middleeastmonitor
Commission urges
Myanmar to end Rohingya restrictions
Myanmar must scrap
restrictions on movement and citizenship for its persecuted Muslim Rohingya
minority if it wants to avoid fuelling extremism and bring peace to Rakhine
state, a commission led by ex-UN chief Kofi Annan said on Thursday. Rights
groups hailed the report as a milestone for the Rohingya because the Govt of Aung San Suu Kyi has previously vowed to
abide by its findings.The mistreatment of approximately 1.1 million Rohingya
has emerged as Myanmar's most contentious human rights issue as it makes a
transition from decades of military rule.Annan was appointed by state
counsellor Aung San Suu Kyi to head a year-long commission tasked with healing
long-simmering divisions between the Rohingya and Buddhists in the western
state, which is one of the poorest in the country."Unless current
challenges are addressed promptly, further radicalisation within both communities
is a real risk," 9-member commission said in its final report, describing
the Rohingya as "single biggest stateless community in the world". aljazeera
Thousands of
Rohingya flee Myanmar for Bangladesh
Thousands of
Rohingya Muslims have crossed into Bangladesh since Myanmar announced a military
buildup in violence-hit Rakhine state earlier this month, according to
community leaders.Rohingya leaders in Bangladesh told AFP on Wednesday that at
least 3,500 had arrived in recent weeks, piling pressure onto already
overcrowded refugee camps in the Cox's Bazaar area near the Naf river that
divides the two countries. That is despite stepped-up patrols by Bangladeshi
border and coast guards, who said this week they had pushed back a boat
carrying 31 Rohingya, including children."aljazeera
UN probes Yemen air
strike as death toll 'rises to 41'
UN is investigating
reports of a Saudi-led air strike on a hotel near the Yemeni capital, Sanaa, as
the death toll rose to at least 41 people, including women and children. Hussain
Albukhaiti, an activist based in Sanaa, said that at least 13 people were still
missing on Thursday after the air strike a day earlier.Houthi rebels were
apparently target of Wednesday's air raid, which hit Muntazah al-Shabab li-Rihla
wa-Nawm - a popular hotel in Arhab district north of the capital. aljazeera
UN issues rare
warning over 'alarming' racism in US
UN human rights
experts have called on the US and its leadership to "unequivocally and
unconditionally" condemn racist speech and crimes, warning that a failure
to do so could fuel further violent incidents. The rare "early warning and
urgent action" statement, which is reserved for serious situations, was
issued by UN CERD.It stopped short of criticising US President Trump by name. aljazeera
FLASH: VIEWS & NEWS
Supreme Court rules
privacy is fundamental right: Here’s full text of the judgment
Hadiya case &myth
of 'Love Jihad' in India:Saif Khalid
If Govt s want,
they can discourage the dishonourable practice- encounter:Keki N. Daruwalla
SC invalidated
triple talaq, but majority did not uphold constitutional values over religious
belief:Pratap Bhanu Mehta
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