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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State of Haryana, a Bench of three judges observed that practice of polygamy is injurious to public morals and can be superseded by the state just as practice of ‘sati’.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 Govt Makes RT-PCR Negative Report Mandatory for People Arriving from Seven States

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entry of tourists in himachal pradesh

Shimla-Tourist movement to Himachal Pradesh is likely to get hit during the peak season as the state government has made it mandatory for people of seven high load states viz. Punjab, Delhi, Maharashtra, Gujarat, Karnataka, Rajasthan and Uttar Pradesh need to carry 72-hour prior RT-PCR negative report while visiting the State. The restriction would apply after April 16th.

The decision came after Chief Minister Jairam Thakur, who had been insisting that there would be no restriction on tourist movement to avert economic losses to the tourism industry, held a review meeting amid a massive surge in new cases and deaths.  

The state government has decided to allow tourists to visit the State, but at the same time, hotel owners and tourists should strictly adhere to the SoPs, Chief Minister said.

“The virus was spreading at a fast pace which was the biggest concern. During the last 45 days, the State has reported 10,690 new covid cases. 120 deaths were reported in the State during the last 45 days,” he said.

Over 900 new cases with 12 fatalities were reported on Saturday only.  On Sunday, according to the Health Department’s daily update, the state recorded 512 new cases. 

Pertinent to mention that Maharastra, Delhi and a few other states had been suggesting that a complete lockdown could be imposed if the high rate of resurgence continued in the coming days.

Though the Chief Minister had been maintaining that lockdown would be the last resort, the tone appears to be changing with the worsening of the COVID-19 situation.

Further, laying stress on twin strategy for testing, tracing and treatment with effective surveillance of micro containment zones, Chief Minister said that greater emphasis must also be laid on RT-PCR tests to achieve the target of 70 percent RT-PCR tests.

He said that the State Health Department must also take steps to increase bed capacity to meet out any eventuality.

Meanwhile, no restriction has been put on the devotees visiting various temples in the State during the Navratri festival.

The government said no overcrowding would be allowed in buses and other public transport and private vehicles. Wearing face masks even in vehicles must be enforced strictly.

Chief Minister, who faced widespread criticism over violation of SOPs during the political campaigning for elections to the Municipal Corporations, blamed laxity shown by the people for a sharp resurgence of COVID-19 cases in the State.  

 

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Himachal Pradesh: 662 New Cases & 7 Deaths in 24 Hours, Over 4500 Cases & 55 Deaths in 9 Nine Days

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Himachal Pradesh COVID-19 report

Shimla– The number of new daily COVID-19 cases and deaths in Himachal Pradesh was reported to be 662 and seven respectively on Friday till 7 pm. Kangra district reported the highest 165 new cases and four fatalities, while Sirmaur, Shimla, and Mandi recorded one fatality each.

View details of COVID-19 deaths below:

Daily covid 19 deaths

Source: HP NHM

Solan followed Kangra district with 132 new cases.

Find district-wise details of new cases below:

Daily COVID-19 deaths in himachal pradesh

Source: HP NHM

The COVID-19 case and death tallies have now reached 68173 and 1090 respectively. In April, the state has recorded a huge surge in cases. In the nine days of this month, the state has recorded 4568 new cases and 55 COVID-19 deaths – a rate of more than six deaths per day.

The state government today reviewed the situation in its Cabinet meeting and expressed concern. However, no restrictive measures were taken except extending the closure of all educational institutes till April 21.

Chief Minister Jairam Thakur had been maintaining that a lockdown would be the last resort.

Further, the state government today said that to make vaccination people’s movement, 11th to 14th April may be celebrated as ‘Teeka Utsav’.

The government said that the biggest matter of concern was that the virus was spreading at a fast pace. In addition to this, the number of death has also increased rapidly. All the districts have been advised to enhance their capacity be it bed capacity, quarantine capacity and medical equipment capacity etc.

Chief Minister Jairam Thakur said that strict action must also be taken against those involved in gross violation of SOPs. He said that the hoteliers must also strictly follow the SOPs so that the State Government may not be forced to take action. He said that laxity shown by the people has resulted in sharp resurgence of Covid cases in the State.

It’s pertinent to mention that during the campaigning for the elections to Municipal Corporations, all parties and their leaders including the Chief Minister violated all SOPs without attracting any action. The parties also faced criticism for ignoring public health for the sake of political interests, thus, setting wrong examples for the public.  

Feature Image: Pexels@polina-tankilevitch

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HP Cabinet Decisions: Educational Institutes Closed Till April 21 Amid COVID-19 Surge, No Decision on Other Restrictions

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HP Cabinet decision on curfew

Shimla-The Himachal Pradesh Cabinet today held a meeting in which it expressed concern over the sharp surge in Covid-19 cases in the State. The Cabinet decided to keep all educational institutions closed till April 21. The institutes would also remain closed for teaching and non-teaching staff except the staff required for exam duties till the 21st of this month.

A decision was taken to fill up 311 posts of Forest Guards in the Forest Department on a contract basis through direct recruitment. These include already approved 113 posts of Forest Guards by the State Cabinet during its meeting held on 9th of March this year.   

The Cabinet decided to fill up 25 posts of Agriculture Development Officers on a contract basis in Agriculture Department through HP Public Service Commission against direct recruitment quota. 

It decided to implement the central sector scheme SVAMITVA in the state for surveying the land parcels in rural inhabited areas using Drone technology. For this, Revenue Department would be designated as the Nodal Department for implementation of the scheme with the support of the Panchayati Raj Department. For this, MoU would be signed with the Survey of India for starting the scheme in the State. A State Steering Committee, State Project Management Unit and District Project Monitoring Unit would also be constituted for effective implementation of the scheme.

The cabinet also gave its nod to extend employment on compassionate ground to the eligible indigent of the deceased employees against available vacant posts of Class-III and Class-IV in relaxation of five percent quota as against the available vacant posts of class-III and Class-IV in DC offices of Shimla, Kinnaur, Solan and Kangra and office of Settlement Officer Kangra Division.  

It also gave its consent that the project for the development of multi-storey parking-cum-shopping complex at U-Block Mandi may be awarded under PPP mode to the highest bidder at an annual concession fee of Rs. 63,63,000 plus GST and all other applicable taxes per annum, as per terms and conditions of RFP. The selected bidder would also pay an upfront premium of Rs. 2 crores to the authority by way of five equal instalments of Rs. 40 lakh each for 24 months starting from the compliance date.

The cabinet also gave its approval for the creation of five posts of different categories for each newly created Nagar Panchayats viz Shahpur, Chirgaon, Nerwa, Nirmand, Anni, Kandaghat and Amb for smooth functioning of these newly created Nagar Panchayats.

Presentations were also made before the Cabinet by Jal Shakti Department on the prevailing drought situation in the State. It was decided to hold a review meeting under the chairmanship of the Chief Minister including all the stakeholder departments for further decisions.

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