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State of Haryana, a Bench of three judges observed that practice of polygamy is injurious to public morals and can be superseded by the state just as practice of ‘sati’.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

Himachal: 69 New COVID-19 Cases Including 27 from Solan, 10 from Shimla

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Shimla-covid-19 cases

Shimla-The number of confirmed COVID-19 cases in Himachal Pradesh on Sunday crossed the 2700 mark with the appearance of 69 new cases. These cases include two policeman, army personals, migrant labourers and some other locals.The number of active cases has now risen to 1115.

According to the State Health Department, Solan reported the highest 27 cases. Majority of these include workers in the Baddi-Barotiwala-Nalagarh (BBN) area and contacts of COVID-19 positive persons. Most of these 27 persons weren’t quarantined, which is a matter of concern.

The capital Shimla reported 10 cases, of which five were said to be migrant labourers in Rampur. Shimla city reported three cases including an employee of the General Post Office, Shimla. What’s worrying about this case is the fact that the sample of this woman was taken in flu OPD after she visited the Indira Gandhi Medical College & Hospital, Shimla. The woman has been mobile and used public transport too. Her travel history is yet to be traced. The CMO, Shimla, Surekha Chopra confirmed the report. There was no report regarding the sealing of the GPO or other places the woman had visited. But her residence at crowded Sanjauli locality was sealed. Two other cases were reported from Kasumpti and Bharari areas. Details regarding the remaining two were awaited. The COVID-19 case tally of Shimla has now reached 178 with two deaths.

Remaining cases were reported from Kangra (8), Chamba (4), Hamirpur (6), Mandi (11), Sirmaur (1), and Bilaspur (2).

So far, Solan has reported the highest 690 confirmed cases, followed by Kangra (476), Sirmaur (346), Hamirpur (313), Una (217), Shimla (178), Mandi (183), Bilaspur (101), Kinnaur (45), Kullu (37), and Lahaul-Spit (4).

HP Health Department’s COVID-19 Bulletin August 2, 2020 (9PM)

 New cases in Shimla

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Campus Watch

Nauni Varsity UG Admission Process Revised, No Entrance Exam, Seats to be Allotted on 10+2 Merit

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Solan-uhf nauni ug admissions 2020-21 session

Solan-Dr YS Parmar University of Horticulture and Forestry (UHF), Nauni has revised the admission process for its undergraduate programmes for the academic session 2020-21 in view of the COVID 19 pandemic. This year, the university will not be conducting an entrance test to fill the normal seats of UG programmes. The decision in this regard was taken during a special meeting of the Academic Council meeting held recently.

The basis of admission for normal seats would be merit drawn on basis of marks obtained at 10+2 level examination in four subjects-English, Physics, Chemistry and Biology/ Mathematics plus weightage of participation in sports/ NCC, NSS, scouting, co-curricular activities (if any). The university offers three undergraduate programmes B Sc (Hons) Horticulture, B Sc (Hons) Forestry while B Tech Biotechnology is offered only at the COH&F Neri. 

The candidates have been advised to download the counselling proforma from the university website and fill it as per the instructions mentioned on it. Those students who want to be considered for both normal as well as self-financing seats need to fill two separate proformas. A single page pdf file must be created, containing scanned filled counselling proforma along with legible documents mentioned in the checklist as provided in the counselling proforma. No column must be left blank. The counselling proforma for normal seats and self-financing seats will be uploaded on the university website on 3rd August (afternoon) and 5th August (afternoon) respectively.

For normal seats: The scanned pdf file must be sent through email to [email protected] on or before 18th August, 2020.

For self-financing seats: The scanned pdf file must be sent by email to [email protected] on or before 20th August, 2020. Every candidate must submit the duly filled counselling proforma in order to be considered for the admission. The detailed notification can be downloaded from the university website.

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Misc News/Press Release

HP Cabinet Minister Portfolios Re-shuffle – Reward to Loyalists, Warning to Dissenting Voices Within Party

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New Hp Cabinet Minister portfolios

Shimla: The portfolios of Himachal Pradesh Cabinet Ministers were re-shuffled extensively along with the induction of three new Ministers – Rakesh Pathania, Sukh Ram, and Rajinder Garg. Newly inducted Ministers in the HP Cabinet had taken the oath of office and secrecy in a ceremony held at Raj Bhawan on July 30, 2020. 

Sukh Ram Chaudhary, MLA from Paonta Sahib Assembly constituency, Rakesh Pathania from Nurpur, and Rajinder Garg of Ghumarwin constituency took oath as Cabinet Minister.

While the shuffle is being justified by claiming that it was a punishment for not performing well, this opportunity has also been used to discourage dissent within the party and reward loyalists. Earlier governments have also re-shuffled portfolios during their reign, but not upto the extent it has been done this time.

Also Read: HP Cabinet’s Three Newly Inducted Ministers Take Oath

Chief Minister Jairam Thakur was heard warning ministers earlier regarding the possible changes, but the possible resentment did not allow it. However, the opportunity to fill up all positions in the Cabinet has also been used to re-shuffle portfolios of other ministers as well.

The Ministries of  Education, Forest, Health & Family Welfare, and Transport are some of the most important portfolios which have been shuffled. Further, the Chief Minister has decided to retain other important portfolios and all others that are not allocated to anyone.

HP Cabinet Minister Portfolios After Re-shuffle

Name

Ministry 

Departments 

Jairam Thakur Chief Minister Finance, General Administration, Home, Planning, Personnel, Public Works Department, Tourism, Excise & Taxation, All other departments not alloted to any other minister.
Mahender Singh Thakur Jal Shakti Minister Jal Shakti, Revenue, Horticulture, Sainik Welfare
Suresh Bhardwaj Urban Development Minister Urban Development, Town &Country Planning, Housing, Parliamentary Affairs, law & Legal Remembrance, Co-operation
Sarveen Chaudhary Social Justice & Empowerment   Social Justice & empowerment
Ram Lal markanda Technical Education Minister Technical Education, Vocational & Industrial Training, Tribal Development, Information Technology, Redressal ofPulbic Grievances
Virender kanwar Rural Development & panchayati Raj Minister Rural Development, Panchayati Raj, Agriculture, Animal Husbandry, Fisheries
Biram Singh Industries Minister Industries, Transport, Labour & Employment
Govind Singh Thakur Education Minister Higher Education, Elementary Education, Language, Art & Culture
Rajiv Saizal Health & Family Welfare Minister Health & Family Welfare, Ayurveda
Sukh Ram MPP & Power Minister MPP & Power, Non-Conventional Energy Sources
Rakesh Pathania Forest Minister Forest, Youth Services & Sports
Rajinder Garg Food Civil Supplies & Consumer Affairs Minister Food Civil Supplies & Consumer Affairs, Printing & Stationary

 

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