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Supreme Court takes on arbitrary divorce and polygamy in Muslim Personal Law

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With Muslim women at a disadvantage under the Muslim Personal Law with no safeguard against arbitrary divorce and polygamy, the Supreme Court has now decided to examine the validity of such practices saying that it amounts to violation of women’s fundamental rights.

Muslim Personal Law must evolve

A bench of Justices A R Dave and A K Goel said laws dealing with marriage and succession are not part of religion and the Muslim Personal Law has to evolve with the changing times. The bench said it is high time for the judiciary to examine these issues which the court had earlier refrained from venturing into on the ground that it was a policy matter to be decided by the government and the legislature. It said these are not merely a policy matter but relate to protection of fundamental rights of Muslim women guaranteed by the Constitution. Referring to an earlier apex court verdict, the bench said practice of polygamy is injurious to public morals and can be banned just like the practice of sati was banned.

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“It was pointed out that in spite of Constitutional guarantee, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her,” the bench said.

No decision yet on SC’s poser to Centre on Uniform Civil Code

“In Javed vs State of Haryana, a Bench of three judges observed that practice of polygamy is injurious to public morals and can be superseded by the state just as practice of ‘sati’. It was further observed that conduct rules providing for monogamy irrespective of religion are valid and could not be struck down on the ground of violation of personal law of Muslims,” the bench said. The court passed the order while adjudicating a woman’s plea seeking share in ancestral property of her father under the Hindu Succession Act. During the hearing of the case, the lawyers pointed out the discrimination faced by Muslim women in matrimonial disputes. Taking suo motu cognisance of alleged discrimination faced by women under Muslim Personal Law, the court ordered that matter be treated as PIL and asked the Chief Justice of India to constitute an appropriate bench to look into the issue of gender discrimination under Muslim Personal Law.

Fundamental rights of women

“It is pointed out that the matter needs consideration by this court as the issue relates not merely to a policy matter but to fundamental rights of women under Articles 14, 15 and 21 and international conventions and covenants,” it said. The bench said that a Constitution bench earlier did not address the issue of discrimination under Personal Law but it held that Article 21 included right to live with dignity which supports the plea that a Muslim woman could invoke fundamental rights in such matters. The SC bench issued notice to attorney general and National Legal Services Authority seeking their response on the issue.

Misc News/Press Release

Rs 2572 crore for Himachal’s irrigation and drinking water schemes

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HP irrigation and drinking water schemes

Shimla: The State Government today said that it has earmarked an amount of Rs 2572 crore for providing irrigation and drinking water facilities in Himachal Pradesh during the current financial year.

The endeavour, the Government said, was to bring more area under irrigation facility so that farmers could go for crop diversification instead of traditional crops.

The Chief Minister, while addressing a public meeting at Kelodhar in Seraj assembly constituency of Mandi district, provided the information.It is Chief Minister’s first visit to Kelodhar after elections.

Further, it was announced that the Kandha-Bah-Batand road would be strengthened.

Earlier, the Chief Minister performed ‘bhumi pujan’ of Kandha-Bah-Batand road (Phase-II) to be constructed at a cost of Rs. 358.53 lakh.

He laid the foundation stones of IPH Office building and residence at Kelodhar to be constructed at a cost of Rs. 74.36 lakh and of Science Block building of Government Senior Secondary School Kelodhar on which about Rs 1.50 crore would be spent.

The Government announced Rs 15 lakh for Kelodhar Panchayat for various developmental works, Rs 10 lakh each for GP Bara, GP Saroha and GP Parwara. He also announced Rs 3 lakh for Mahila Mandal Kelodhar.

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British-era Bantony Castle Shimla to become Rs. 25 crore cultural centre     

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Bantony Castle Shimla Picture

CM said the building is also an example of beautiful anglo-gothic architecture. However, this fact appears to be incorrect as the Castle is built in the mock-Tudor style

Shimla: As a ray of hope for the Bantony Castle, Shimla, the Himachal Pradesh Government has announced Rs. 25 crores for the renovation of the British-era structure in order to develop as a tourist attraction.

This was stated by Chief Minister Jai Ram Thakur while inaugurating the five-day long State level Gram Shilp Mela which was organized by the State Language Art and Culture Department here on May 17, 2018.

Bantony Castle is one of the historic and monumental buildings of Shimla town and has a very rich history. spread over around 20,000 square meter area between Circular Road and Mall Road.

The Chief Minister said the building is also an example of beautiful anglo-gothic architecture. However, this fact appears to be incorrect as the Castle is built in the mock-Tudor style, part chalet and crowned with sloping roofs with mini-towers.

Nevertheless, he further said that since this building was strategically located on the Mall Road thus could be an added attraction for the tourists.

 This complex as a whole would be developed in such a way that it not only becomes a tourist attraction but also a centre of rich cultural diversity of the State.  

The previous Congress Government had, in 2017, announced that it will be turned into a Heritage museum with a restaurant and recreational park.

Artisans from different parts of the State received an opportunity to exhibit their artefacts at the Gram Shipi Mela. The government said it would also organize District level Gram Shilp Melas besides Inter-state Gram Shilp Melas to promote the artefacts of the State.

It was further informed that the State Government has announced a new scheme named ‘Aaj Purani Rahon Se’ for exploring folklores, historic events and cultural tourism in the State. The government has also decided to introduce miniaturized cultural souvenirs of Himachal Pradesh such as musical instruments, Chamba Rumal, Kangra paintings etc.

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Will tar 1100 km roads, construct 600 km new motorable roads, 750 km cross drainage, 35 bridges in 2018: HP Govt

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HP PWD target for 2018

Shimla: During review meeting of Himachal Pradesh Public Works Department held today, the Government informed that it has set up a target of construction of 600 km new motorable roads, providing cross drainage facilities on 750 km road length, metalling and tarring of 1100 km roads, construction of 35 bridges and providing road connectivity to 40 villages during the current financial year.

The Government said all the formalities regarding the allocation of road and bridge projects would be completed within a stipulated period to facilitate work- allocation within 51 days to concerned executing agencies.  

The e-tendering is expected to speed up the process of allocation of projects.

It has been felt that delay in Forest clearances was one of the major bottlenecks for starting of different road and bridge projects. Therefore, the Government would take up the matter with the Union Government to expedite forest clearances for these projects,

said the Chief Minister, who was presiding over the meeting.

It was informed that the target has been fixed to execute 414 works with a total length of 2400 km, under PMGSY with an outlay of Rs 600 crore during the current financial year.

On completion, 150 habitations would be connected with roads. Similarly, the target has been fixed to complete 209 works under Rural Infrastructure Development Fund (RIDF)-NABARD, which include 77 works in Shimla zone, 20 in Mandi Zone, 70 in Kangra zone and 4 in Hamirpur Zone, it was informed.

HPPWD review meeting 2018

During HPPWD review meeting 2018

It was informed that that out of 90 black spots identified in the State, 58 had been rectified and work on remaining black spots was in progress.

The State Government has allocated Rs. 200 crore for maintenance and repair of roads in the State besides Rs. 50 crore additionality for providing drainage facilities on the roads, claimed the Government.

Additional Chief Secretary Manisha Nanda said that 34394 officers and officials were working in the Public Works Department and “were doing their best” to ensure best road connectivity to the people of the State.  

The State today has total 35638 km of roads providing road connectivity to the remotest part of the State, informed the Engineer-in-Chief R.P Verma.

Opposed to the work-culture of the HP PWD, the Chief Minister, who holds Department, is claiming that regular monitoring and inspection of roads and bridges constructed particularly under NABARD, Central Road Fund etc. will be ensured.

 He said that for this, standard quality parameters should be laid down and responsibility of the defaulters must be fixed and strict action taken against the person, which rarely happens.

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