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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State of Haryana, a Bench of three judges observed that practice of polygamy is injurious to public morals and can be superseded by the state just as practice of ‘sati’.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.

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HP By-Polls 2021: Silence Period Extended to Three Days

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hp by polls 2021 silence period

Shimla-The campaigning period during Himachal Pradesh by-elections has been fixed from 10 am to 7 pm every day. The silence period has been extended from two days to three days before the closing date of voting, which will start after 6 pm on 27th October 2021.

During the no active campaigning by the candidates or political parties is allowed, and television or any digital media cannot carry any election-related matter.

This information was released by Chief Electoral Officer, Himachal Pradesh, C. Paulrasu. He said that the Election Commission of India has limited the period of campaigning during by-election 2021 in view of the guidelines issued for the prevention of the COVID-19 pandemic.

He has urged all the candidates and political parties participating in the by-elections of Mandi Parliamentary Constituency and Fatehpur, Jubbal-Kotkhai and Arki Assembly Constituencies to comply with these guidelines related to the election campaign.

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Campus Watch

Nauni Varsity Scholar Naincy Bags Scholarship to Pursue PhD in France

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Naincy Sagar uhf nauni scholar

Solan: Naincy Sagar, an alumna of Dr. YS Parmar University of Horticulture and Forestry, Nauni has bagged a fellowship for pursuing PhD from France. Nancy has reached France and will be pursuing PhD in Forest Genetics from the University of Orléans under INRAE fellowship. INRAE is France’s National Research Institute for Agriculture, Food and Environment.

Naincy has completed her BSc Forestry from College of Horticulture and Forestry (COH&F), Neri in 2018 and MSc Forest Biology and Tree Improvement and Genetic Resources from UAS, Dharwad, under ICAR’s National Talent Scheme. Before leaving for France last week, Naincy was working as a Junior Research Fellow in a research project at COH&F, Neri.

She had applied for a PhD with a scholarship in Forest Genetics which was advertised by INRAE. Naincy was successful in the interview and was awarded a fellowship for three years for pursuing PhD at the University of Orléans. During the course of the PhD, she will receive a total scholarship of around Rs 70 lakh along with medical reimbursement. Naincy will be working on forest tree larch species in the Project titled ‘Vigour at what cost? ‘Trade-off’ of hybrid vigour in Larch-Phenological, morphological and physiological determinants of hybrid superiority in Larix X eurolepis’ with a team of 20 scientists of Joint Integrated Biology Research Unit having expertise in genetics, genomics and physiology for the enhancement of tree and forest diversity

Dr. Parvinder Kaushal, Vice-Chancellor of the university spoke to Naincy via web conferencing and congratulated her. Dr. Kaushal, who has also done his doctorate from France, shared some tips and suggestions. He asked Naincy to explore this opportunity to learn about new cultures along with doing research that could help to enhance and conserve forest wealth in the future.

Naincy expressed gratitude towards her father Satya Prakash Sagar (Retd. SDO BSNL) and mother Monika Sagar, who is working as SDO in BSNL for their continuous support for higher studies. She also thanked Vice-Chancellor Dr. Parvinder Kaushal, Dean Dr. Kamal Sharma and Dr. Dushyant Sharma, Project Investigator and all the university staff for their support and guidance. The university administration, Dean of COH&F Neri congratulated Naincy and wished her success.  

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Bad Weather Warning for Himachal, Tourists and Locals Advised Not to Venture into Higher Hills

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weather alert in himachal pradesh

Shimla– The Himachal Pradesh Meteorological Department, Shimla, has predicted heavy to very heavy rains for middle and lower hills on October 17th and 18th. The Met has also issued orange and yellow alerts for various districts.

Meanwhile, heavy snowfall has been predicted in higher hills and advisory has been issued for both locals and tourists to avoid travelling to higher hills.

While a yellow alert with a prediction of thunderstorms and lightning at isolated places has been issued for Una and Hamirpur district on October 17, an orange alert with a prediction of heavy rainfall, thunderstorm, lightning and hailstorm at isolated places has been issued for Bilaspur, Chamba, Kangra, Kullu, Mandi, Shimla, Solan, Sirmaur, and Kinnaur.

For October 18, a yellow alert has been issued for Una, Bilaspur, Hamirpur, Chamba, and Kullu districts and an orange alert for the remaining districts.

The Deputy Commissioner, Lahaul-Spiti, warned that in view of the Met Department’s forecast for the next two days, locals and tourists should avoid Manali-Leh National Highway (NH-03) and refrain from venturing into higher hills.

In case, travel is unavoidable due to some compelling circumstances, such candidates have been asked to confirm weather and road conditions on given telephone numbers, which are 9459661355, 01900-202509, 510, 517 and 1077.

The DC also informed that in case of any emergency, people should contact the District Disaster Management Cell, Lahaul-Spiti, on 01900 202509, 510, 517, and Tall Free -1077.

The weather is predicted to be dry on October 19 and 20. 

Feature Photo: Photo by Rodrigo Souza from Pexels

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