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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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Lalu Prasad Yadav criticises PM Modi’s Bihar visit

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Patna, Feb 24: Rashtriya Janata Dal (RJD) Chief Lalu Prasad Yadav criticised Prime Minister Narendra Modi’s visit to Bihar, suggesting that it is politically motivated ahead of the upcoming Assembly elections.

In a social media post, Yadav stated, “The Prime Minister is in Bihar today, so there will be a shower of lies and statements in Bihar. It is an election year, so to confuse people, the foundation stone and inauguration of the central government’s schemes across the country will now be done from Bihar in a sham form, but Bihar will not get anything.”

During his visit to Bhagalpur, Prime Minister Modi released the 19th instalment of the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme, providing financial assistance to farmers nationwide and around 77 lakh farmers of Bihar will also benefit from it.

The event drew significant attendance, including Bihar Chief Minister Nitish Kumar and approximately 500,000 farmers.

In response to Lalu Prasad Yadav’s remarks, Janata Dal (United) spokesperson Neeraj Kumar defended the Prime Minister’s visit, emphasising the developmental initiatives undertaken by the “double engine” government in Bihar.

He dismissed Yadav’s comments as baseless, asserting that the people of Bihar are aware of the progress made under the current administration referring to the collaboration between the state and central administrations.

He said that such progress is unsettling for the opposition, leading them to make “fact-less statements.” Kumar also pointed out that Lalu Prasad Yadav, due to his legal convictions, is barred from contesting elections and has been politically side-lined, implying that his criticisms may not hold substantial weight.

“Lalu Prasad Yadav, who was politically house arrest by his son Tejashwi Yadav and not allowed to go into Karyakarta Darshan Sah Samvad Yatra. He was not allowed to contest elections due to a conviction by a court of law and he is reacting to the Prime Minister’s visit,” Kumar said.

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Congress criticises 9 years of BJP rule in Assam; terms it ‘inefficient, incompetent’

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Guwahati, Feb 24: The Congress on Monday criticised the Bharatiya Janata Party (BJP)-led government in Assam over several issues, including the recent attack on its party MP Rakibul Hussain, while terming the nine years of the BJP rule in the northeastern state as “inefficient and incompetent”.

Jitendra Singh, the in-charge of the Congress in Assam, said: “As Prime Minister Narendra Modi begins his two-day visit to Assam, the state has already experienced two major incidents of violence.

“We witnessed how BJP thugs were punching and kicking Assam police, and the police did not arrest them. Four days ago, our Lok Sabha MP, Rakibul Hussain, was brutally attacked by thugs in broad daylight in a busy marketplace, and the goons even attacked the police security officers and tried to snatch their weapons.”

He claimed that the state Congress president Bhupen Borah was also attacked in broad daylight.

“This sums up the BJP rule in Assam for 9 years – corrupt, inefficient, incompetent, rogue and divisive. The state is in deep crisis,” Singh added.

The Congress leader also claimed that the unemployment is at the peak during BJP’s regime and this is one of the reasons why law and order situation has deteriorated in Assam.

The opposition party also targeted Chief Minister Himanta Biswa Sarma over the issue of corruption, and raised several questions regarding the business ventures of the CM’s wife.

In a statement, the Congress said: “It is intriguing how Assam CM’s wife, Riniki Bhuyan Sharma becomes a business tycoon in just 4 years! She has allegedly acquired multiple tea gardens.”

The party said “additionally, she has expanded her business empire by acquiring a news portal, opening a leading fast food outlet, and establishing an international school. Her company reportedly received a central subsidy of Rs 10 crore. It is now common knowledge in the state that massive land scams allegedly involving the Chief Minister’s family members have taken place”.

Singh further said that even as rathole coal mining was banned by the National Green Tribunal, the illegal business was going on in several places in Assam that resulted in the death of nine labourers in Umrangso in Dima Hasao district.

“Kanika Hojai, wife of Dima Hasao Autonomous Council Chief Executive Member Debolal Garlosa, is accused of running an illegal coal mine in Umrangso and has gone into hiding. A 2021 report by Justice Brojendra Prasad Katakey found rampant illegal mining in Digboi forest division, causing multiple fatal accidents and involving local authority complicity,” the Congress leader added.

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Rajasthan: Congress stage protest over ‘Dadi’ remarks against former PM Indira Gandhi

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Jaipur, Feb 24: Congress on Monday staged a protest at Vidhan Sabha against the state minister Avinash Gehlot, who ‘insulted’ the opposition MLAs by referring the former Prime Minister Indira Gandhi as ‘Dadi’.

However, strict security measures were put in place, preventing the Congress workers from moving beyond Sahakar Bhawan.

Authorities also barricaded the road leading inward from Bharat Petrol Pump at 22 Godown Circle and installed two layers of barricades.

On February 21, during the Question Hour, Congress members disrupted proceedings by storming the well of the House in protest against Minister Avinash Gehlot’s remarks on former PM Indira Gandhi who referred her to as ‘Dadi’.

While responding to a question, Gehlot stated that in 2023-24, a particular scheme was named after “your Dadi, Indira Gandhi,” leading to protests by the Congress legislators.

As tensions escalated, Parliamentary Affairs Minister Jogaram Patel defended the minister’s choice of words, stating that “Dadi” (grandmother) is a respectful term. However, his explanation further fueled the uproar, prompting Congress MLAs to approach the Speaker’s table. In response, the Speaker adjourned the House for 30 minutes.

The deadlock persisted throughout the day, leading to a total of four adjournments. Chief Whip Jogeshwar Garg moved a proposal to suspend several Congress MLAs, which Speaker Vasudev Devnani approved.

As a result, six legislators – Govind Singh Dotasra, Deputy Leader of Opposition Ramkesh Meena, Amin Kagzi, Zakir Hussain Gasavat, Hakam Ali Khan, and Sanjay Kumar – were suspended for the remainder of the budget session.

Meanwhile, Congress MLAs have continued their protest inside the Assembly for the fourth consecutive day, having spent three nights in the House.

The controversy, initially sparked by Minister Avinash Gehlot’s remarks, has deepened following the suspension of key Congress leaders, including state president Govind Singh Dotasra.

So far, attempts by the government to resolve the standoff have been unsuccessful.

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