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‘Won’t be relied upon as precedent’: SC on HC judgment allowing minor Muslim to marry

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 The Supreme Court on Friday issued notice on a plea by National Commission for Protection of Child Rights against the Punjab and Haryana High Court order that a Muslim girl can marry a person of her choice after attaining puberty.

A bench, headed by Chief Justice D.Y. Chandrachud and comprising Justice P.S. Narasimha said: “We are inclined to entertain these writ petitions. Issue notice.”

Solicitor General Tushar Mehta contended that Muslim girls who are 14, 15, 16 years old are getting married. “Can there be a defence of personal law? Can you plead custom or personal law as a defence against a criminal offence?” he said.

Mehta emphasised that the age of attaining puberty is 15 years according to applicable personal laws in Islam.

The bench said the high court judgment – which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law – should not be relied on as a precedent in any other case. “Pending further orders, impugned judgment (of the high court) shall not be relied upon as precedent,” it said.

During the hearing, the top court was urged to stay the high court judgment, but pointed out that if the judgment is stayed, the girl might be restored to her parents against her wishes.

It said that her parents wanted her to marry her maternal uncle and what will happen is, the moment the high court judgment is stayed, she will be restored to her parents, which she does not want.

The top court said it will issue notice to decide upon the question of law and add that the judgment may not be used as precedent.

The bench issued notices to the Haryana government and others and appointed senior advocate Rajshekhar Rao as amicus curiae in the matter to assist the court.A

The National Commission for Protection of Child Rights, in its plea, said the high court erred in ignoring the fact that sexual intercourse with a minor girl below the age of 18 years, is sexual assault as per Protection of Children from Sexual Offences (POCSO) Act and this legal position cannot be changed due to marital status of the child and that whether on the facts and in the circumstances of the case and in law.

It added, “the high court was justified in upholding that a minor girl, after attaining puberty after the age of 15, on her own willingness and consent, can enter into a marriage of her own choice while not considering the validity of a marriage with a minor all the while glossing over the fact that the impugned judgment would lead to endorsing child marriage which is illegal in India because POCSO Act applies to everyone”.

The high court’s order came on a habeas corpus petition filed by a 26-year-old man against the detention of his 16-year-old wife in a children’s home in Panchkula. The high court noted that such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.

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Shia Maulana Imran Raza Ansari was supported by Shia Maulana Rajani Hasan Ali Gujrati and Shia Leader Syed Liaquat Manzoor Mousavi in ​​Jammu and Kashmir assembly elections.

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Vadodara/Srinagar, September 28: Shia Maulana Rajani Hasan Ali Gujrati And Syed Liaquat Manzoor Mousavi from Srinagar have strongly supported Shia Maulana Imran Raza Ansari in the 2024 assembly elections in Jammu and Kashmir. In their joint statement, they said that only with the right leadership can a province develop, and its citizens can enjoy a bright future because of a clear vision for development and education and effective implementation of policies.

A person with strong leadership skills to ensure accountability, integrity and transparency can only benefit the nation. And a leader who prioritizes education can increase funding, build new schools, and provide scholarships, making education more accessible to all. By recruiting qualified teachers, introducing innovative curricula, and promoting digital learning, educational standards can be significantly raised, vocational training and skill development programs can prepare young people for the workforce, and which can reduce unemployment. And to get these benefits, it is very important to choose a leader like Maulana Imran Raza Ansari along with it. That is why we are determined to support Maulana Imran Raza Ansari, a strong leader who can attract investment, create jobs, and develop essential infrastructure like roads, hospitals and public transport. . By promoting business-friendly policies and fostering entrepreneurship, a province can improve economic growth, reduce poverty and improve quality of life. A compassionate leader can address social issues such as health care, sanitation and housing. can implement remedial programs, which are very effective in ensuring a better quality of life; Mr. Liaqat Manzoor Mousavi, a well-known personality of Jammu and Kashmir from Srinagar, said that Maulana Imran Raza Ansari is an honest and compassionate politician who is always concerned about solving the problems of people of all religions.

Therefore, to ensure the victory of Maulana Imran Raza Ansari from Patan Baramulla Assembly Constituency, the youth of the nation should show political awareness and foresight so that every single vote goes to Maulana Muasoof, which ensures his victory and Maulana Sahib. will be provided an opportunity for national services and that is the reason for the happiness of Kashmir, Jammu and Kashmir needs a leading and visionary politician like Maulana Imran Raza Ansari Sahib after the removal of Article 370, whose problem is Jammu. And there is a need for a prominent role in solving the Kashmir problem, which is not possible without a Shia leader.

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Gujarat: 27 Tamil Nadu Pilgrims Stranded On Flooded Causeway Rescued In Overnight Operation In Bhavnagar

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In an overnight operation, 29 persons, including 27 pilgrims from Tamil Nadu and Puducherry, were rescued from a bus that was stranded on a flooded causeway in Gujarat’s Bhavnagar district, officials said on Friday.

The bus got stuck on the raised path on a stream near Koliyak village on Thursday evening, said District Collector RK Mehta, who was at the spot to supervise the rescue operation that went on for nearly eight hours.

“The pilgrims were headed towards Bhavnagar city after visiting Nishkalank Mahadev temple near the village. Due to heavy rains in the region, the causeway on the river was submerged. Despite that, the bus driver decided to cross the river,” said Mehta.

However, due to the force of the water, the front of the bus dipped into the river while the rear remained stuck on the causeway, he said.

During the operation, rescuers reached the site in a mini-truck and transferred all the 27 pilgrims from the bus, its driver and cleaner to the vehicle through the rear window of the bus, he said.

But there was more challenge ahead. The mini-truck carrying the 29 persons also got stranded on the causeway, said Mehta, adding that most of the pilgrims were senior citizens.

“We then sent a large truck and transferred these 29 persons on that vehicle. Around 3 am, after nearly eight hours, all of them were brought to safety. We provided them with accommodation and food in Bhavnagar. We have also conducted their medical tests,” said the collector. 

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Haryana Assembly Elections 2024: Congress Leader Rahul Gandhi To Address Rallies In Assandh & Barwala Constituencies Today

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New Delhi: Top Congress leader Rahul Gandhi is set to campaign for Haryana Assembly elections on Thursday by addressing rallies in Assandh and Barwala constituencies, where the party is expected to project unity within, as the central leadership has managed an uneasy truce among warring leaders.

Who Will Be Joining Congress Leader Rahul Gandhi’s Rally?

Kumari Selja, who has been keeping away from the campaign, will join Rahul’s rally along with her inner-party ally Randeep Surjewala and former Haryana Chief Minister and senior Congress leader Bhupinder Hooda, amid poll managers indicating that the factional war has been impacting the cadre and electioneering.

The temporary truce came after Selja met Congress President Mallikarjun Kharge on Sunday for a long meeting to hear her grievances and on Tuesday on her birthday. Selja has announced her decision to restart her campaign but has minced no words in public about her antipathy towards Hooda.

On Wednesday, she posted on ‘X’ her campaign plans for Thursday, which includes Rahul’s rally and three other public meetings in Tohana and Hisar. Rahul is expected to campaign in Haryana for another three days.

Star Campaigners’ Absence Sparks Concerns In Haryana Elections

Amid questions about the absence of star campaigners Rahul and General Secretary Priyanka Gandhi Vadra in Haryana, a section in the party claimed that they were holding back their top guns for the final push but sources indicated that Rahul was upset with the way electioneering was managed. Incidentally, Rahul was not present at the launch of seven guarantees for Haryana on September 18 though he was in the national capital with sources saying that he was not happy with the way the manifesto is being formulated. He was of the view that there was no process and guarantees were announced prior to the formal launch by state leaders at their whims and fancies. No reason was given for his absence from the launch, which was attended by Kharge.

Rahul was also upset with the way factionalism intensified after candidate selection with Selja keeping off campaign for almost two weeks while Surjewala was restricted to a few pockets.

Before leaving for the US earlier this month, he had asked the leadership to reconvene a Central Election Committee meeting, which had completed its exercise, to address concerns of Selja and Surjewala. He was also not happy with the Hooda camp for not being accommodative.

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