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Divorce granted by Church Court will not be valid as it cannot override the Law: Supreme Court

The Supreme Court ruled out a plea to legalise Canon Law, which is the personal law for emancipation for the Catholics where church court allows separation

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A Church in India, Pixabay

New Delhi, Jan 19, 2017: The Supreme Court ruled today,  Divorce which is granted by the ecclesiastical tribunal under Christian personal law will not be valid as it cannot override the law, rejecting a PIL that asked for according legal sanction to such annulments granted by the Church Court.

The plea lodged by Clarence Pais, a former president of a Karnataka Catholic association was dismissed by a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud, saying this matter has been settled in its 1996 verdict delivered in the Molly Joseph versus George Sebastian case, mentioned PTI.

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“Canon Law (personal law of Christians) may have theological or ecclesiastical implications to the parties. But after the Divorce Act came into force, a dissolution or emancipation granted under such personal law cannot have any legal impact as statute has provided a different procedure and a different code for divorce or annulment,” the apex court had given out its verdict.

In his PIL filed in 2013, Pais had said the divorce allowed by a Church, set up under its personal law, should be considered valid under the Indian common law as was done in the case of Muslims when it comes to ‘triple talaq’.

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Former Attorney General Soli Sorabjee who appeared for Pais, had mentioned that when oral ‘triple talaq’ could get legal sanctity for granting divorce to Muslim couples, why could Canon law decrees not be made legal on courts of law.

According to his allegations, many Catholic Christians, who married after getting divorce from Christian courts were subject to criminal charges of bigamy as such separations are not recognised by the criminal and civil courts.

Pais, in his plea, had stated, “It is reasonable that when the courts in India recognises dissolution of marriage (by pronouncing the word talaq three times) under Mohammedan Law which is Personal law of the Muslims, the courts should also recognise for the purpose of dissolution of marriage Canon Law as the personal law of the Indian Catholics.”

The plea also pointed out that Canon Law is the personal law of Catholics and has the right to be applied and enforced by a criminal court while looking into a case under section 494 (bigamy) of IPC.

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“This is also applicable for sanction of prosecution considered for alleged bigamy of a Catholic spouse who has married after obtaining a decree for nullity of the first marriage from the Ecclesiastical Tribunal (Christian court),” the plea had stated.

The Centre, however, had protested the plea saying Canon law cannot be accepted to override Indian Christian Marriage Act, 1872 and Divorce Act, 1869.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

 

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Bride Sale in India: Buy A Wife Policy

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Human Trafficking
Bride Slavery in India: Abhishek Suresh

Bride Sale: Story of transformation of Indian Bride into Slave Bride

Samridhi Nain

Bride Sale in India seems to be trending in Haryana, a state with the lowest sex ratio, even marriage continues to be a way of exploitation as Indian brides for marriage are purchased at cattle rate and trafficked into the states of Haryana, Uttar Pradesh, and Punjab.
These ‘brides’ are imported from poverty-stricken states like Jharkhand, Bihar, Orrisa, West Bengal & Assam, where the traffickers either take advantage of the family’s poverty or abduct the young girls varying anywhere between the ages of 15 and 30, according to 2013 National Crime Records Bureau (NCRB).
The bride sale practice has been completely normal in the northern states due to the acute shortage of girls because of practices like sex selection and female foeticide. But if the reports are to be believed then even if not a single case of female foeticide takes place in Haryana, it would still take 50 years to get the numbers back to normal from India’s sex ratio today. However, the problem remains as locals & Khap leaders keep refusing to accept the facts at hand. Some believe it is the education of women that is the root problem because they want to marry a man who is also well-educated, whereas some believe that there has always been a shortage of girls but before where one woman would take care of five brothers, now, it requires five separate women to do the same.
As Haryana keeps preferring the male child and that male child grows up to prefer a bride, the best solution available at hand remains of these women who are bought at a price varying on their age, beauty & virginity and once bought, they are turned into a slave bride. Once married, these women can be resold as they are not viewed as a respected member but a commodity as they are not considered to be entitled to any inheritance by the family.
Human Trafficking to Bride Sale
Stencil of Missing Girls Project, Wikimedia Commons
A field study, covering 92 villages of Mahendragarh, Sirsa, Karnal, Sonipat & Mewat districts had been conducted on the impact of the sex ratio on marriage which covered over 10,000 households and found that 9,000 married women were bought from other states. The study was conducted by NGO Drishti Stree Adhyayan Prabodhan Kendra but the families kept denying of any exchange of money for the bride.
In 2016, the ministry of women and child development came up with India’s first comprehensive anti-trafficking laws under ‘Trafficking of Persons (Prevention, Protection & Rehabilitation) Bill, 2016 but the bill faces many challenges and is believed to not achieve its objectives of preventing trafficking & providing protection & rehabilitation to trafficked victims. Activists also believe that the bill will be able to do very little to stop the bride sale.
With such haunting demographics at hand, the hope still remains that sooner or later, the government might realize the need for stringent implementation of the rules & regulations to stop the violation of these young women at the hands of sex traffickers and quell this ‘Buy A Bride’ policy.
-Samridhi is a student of Philosophy Hons. at the University of Delhi.

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Love Jihad Case : Kerala’s State Women Commission Directs SP to submit report on Hadiya’s Condition

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  However, their marriage was declared null and void by the High Court of Kerala

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Office of Kerala Women Comission
Office of Kerala Women Comission. Official Website KWC

Kerala, October 28, 2017 : A day after a video of Hadiya pleading to be ‘saved’ from her father’s brutalities was released, Kerala’s State Women Commission has directed Kottayam Superintendent of Police to inquire and submit a report on Hadiya’s present conditions.

In the video release at a press conference in Kochi by social activist Rahul Eashwar, Hadiya can be heard saying, “You have to get me out. I am sure I will be killed tomorrow or the day after.” Hadiya claims that her father is physically assaulting her and pleads to be saved in the video before her voice trails away.

The direction came following reports that Hadiya is being sedated and physically abused at her parents’ house.

The State Women Commission has told the SP that an officer not less than the rank of a DSP should conduct the inquiry and submit a report on the condition of the 24-year old woman in love jihad case.

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  Their marriage was declared null and void by the High Court of Kerala after Hadiya’s father Ashokan has approached the court, claiming that his daughter had been forcefully converted and her alleged husband was involved in plans to take her out of the country for questionable reasons.

Consequently, Hadiya’s husband Shafin Jahan had approached the Supreme Court and challenged the order by the High Court of Kerala, which is still hearing the case.

– prepared by Soha Kala of NewsGram. Twitter @SohaKala

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Gorkhaland: SC allows withdrawl of Central Forces from Darjeeling

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The Supreme Court of India
The Supreme Court of India. Wikimedia

New Delhi, October 27: The Supreme Court on Friday allowed the Centre to withdraw seven companies of central paramilitary forces from trouble-torn Darjeeling and Kalimpong districts of West Bengal where the agitation for Gorkhaland, a separate state for Gorkhas took a violent turn.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud directed the Centre to withdraw the seven companies of Central Armed Paramilitary Forces (CAPF) for being used for election duties in Himachal Pradesh and Gujarat.

The bench also sought a response from the West Bengal government on the Centre’s appeal against the High Court’s order putting on hold its decision to withdraw 10 of the 15 companies of the central paramilitary forces deployed in the hill district.

The apex court also stayed the pending proceedings before the High Court and said that it will deal with the case in a holistic manner and posted the appeal of the Centre for further hearing on November 27.

In an interim order, the High Court had stayed the withdrawal of CAPF from the Darjeeling hills till October 27 after the state government approached it against the Centre’s decision.(IANS)