The Supreme Court of India on 8th March, 2018, in a surprising yet vital order set aside the decision of the Kerala High Court that annulled the marriage between Akhila Asokan aka Hadiya and Shafin Jahan.
The case is not one to be remembered for its decision by the High Court based on the idea of patriarchal autocracy and possibly self obsession with the feeling that a female is a chattel but for the display of the strength of our Constitution that shows acceptance of the plurality and diversity of our different syncretic cultures as artistically pointed out by the Supreme Court.
The facts revolving around this case involve a Habeas Corpus petition being filed by Hadiya’s father who was under an impression that his daughter was likely to be transported out of the country and concerns her conversion to Islam and subsequent marriage to a Muslim man named Shafin Jahan. Her father claimed that Hadiya was converted after being radicalized. As a result of this the High Court directed Hadiya to her father’s house saying:
“A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways. This Court exercising parens patriae jurisdiction is concerned with the welfare of a girl of her age. The duty cast on this Court to ensure the safety of at least the girls who are brought before it can be discharged only by ensuring that Ms. Akhila is in safe hands… As per Indian tradition, the custody of an unmarried daughter is with the parents, until she is properly married. We consider it the duty of this Court to ensure that a person under such a vulnerable state is not exposed to further danger, especially in the circumstances noticed above where even her marriage is stated to have been performed with another person, in accordance with Islamic religious rites...”
Esta historia es de la edición August 2018 de LawZ Magazine.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición August 2018 de LawZ Magazine.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor? Conectar
Freedom Of The Press: Print Media Near -Vs- Minnesota
This 1931 case is a landmark judgement highlighting the constitutional protection given to the freedom of the press.
Protection To Woman
Well, the Indian Penal code, acts as a sword as well as a shield for the Indian women.
Corporate Governance Past, Present & Future In India
While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders.
Builders Can't Force Buyers To Go For Arbitration
It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).
The Unwanted Acid
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.
Iran Deal Withdrawal
WORST DEAL OR WORST MISTAKE
Law Regulating
ELECTIONS IN INDIA
Karl Marx
Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.
Virtual Currencies In India Journey So Far
Bitcoin has been the talk of the market yet has the government report closed the doors to its development.
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union
Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance