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No one has right to interfere in marriage of consenting adults: CJI on khap panchayats

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Husband watches adult films, ruining married life, wife petitions Supreme Court

In a strident reprimand of khap panchayats (self-anointed family courts) who sanction assaults on couples who marry despite their objections, Chief Justice Dipak Misra, on Monday (February 5), said that no one has the right to interfere if two consenting adults decide to enter into matrimony.

The verbal rebuke by the Chief Justice of India came during proceedings in a writ petition filed by NGO Shakti Vahini, which has sought a ban on khap panchayats.

The khaps, as these self-appointed courts are often referred to, are a common phenomenon in parts of north India, particularly Haryana, and have often been in the dock for sanctioning violence against consenting adults – usually from the same ‘gotra’ – who decide to marry. Over the years, several murders of such couples have been reported by the media and the role of the khaps in sanctioning these killings has often come to light.

The Supreme Court Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, made it amply clear that “Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights shall interfere therein or harass the couple”.

The Chief Justice pointedly told the counsels appearing for the khap panchayats: “if two adult persons are marrying with their consent, you are no one to create an obstacle”, while adding “whether it is parents, society or anyone, they are out of it.”

Curiously a counsel appearing for the khap panchayats argued that these “family courts” are “against honour killings” and “support inter-caste as well as inter-religious marriages”. However, the counsel added: “Because of the skewed sex ratio in Haryana, as many 2.5 million local boys have married in other states. What the Khap Panchayats are opposed to is intra-gotra marriage. Say, I am a ‘Hooda’; it is an age old tradition that a hooda shall not marry another hooda. They are deemed to descended from a common ancestor and hence, are siblings.”

The khaps submitted further that “as per Section 5(v) of the Hindu Marriage Act, marriages between sapindas – calculated as within 5 degrees of relations from the father’s side and 3 degrees on the mother’s side – are prohibited. Scientifically also it has been proven that such marriages have a disastrous impact on the genetics of the children.”

However, the Chief Justice said: “We are not concerned with the Khap Panchayats. Nobody, neither the society, the parents nor other relatives of either party to the marriage nor the Panchayats, may interfere”.

Chief Justice Dipak Misra took offence to the counsel of the khap panchayats submitting that his clients were acting as “conscience keepers” of the society and told him, “Don’t be conscience keepers. If two adults want to get married nobody should interfere.”

On the specific reference to the opposition of khap panchayats to intra-gotra marriages, the Chief Justice said: “We are not writing an essay here. We are not concerned with thesapinda or gotra. We are only interested in the decision of two adults to get married. If any issue arises in respect of the marital status or property, the court shall be entitled to decide the same. The children may be legitimate or illegitimate, that may be for determination in a partition suit. Similarly, even the marriage may be null and void. But you keep out of it. No third party shall interfere.”

It is pertinent to recall that on the last date of hearing, senior advocate Raju Ramachandran, who has been appointed amicus curiae in the case, had filed his report before the court detailing suggestions on the issue of khap panchayats and ‘honour killings’ (a term often used by votaries of these family courts to justify murders of couples who had married despite being sapindas or from the same gotra).

The Bench has granted time to Additional Solicitor General Pinky Anand, till February 16 – the next date of hearing in the case – to file the centre’s response to Ramachandran’s report stating that this is a “serious issue.”

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The Sabarmati Report: PM Modi praises film based on Godhra train burning incident, says truth coming out

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

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Prime Minister Narendra Modi on Sunday praised the film ‘The Sabarmati Report’, based on 2002 Godhra train incident, saying the truth is coming to out.

He expressed his thoughts on social media platform X, saying, “Well said. It is good that this truth is emerging, especially in a manner accessible to the general public. A deceptive narrative can only last for so long. Ultimately, the facts will prevail!”

The Prime Minister’s remarks came in response to an X user who had shared a video of the film’s trailer, which was released on Friday.

‘The Sabarmati Report’ focuses on the tragic incident involving the burning of the S-6 coach of the Sabarmati Express near Godhra station in Gujarat on February 27, 2002, resulting in the deaths of 59 Hindu pilgrims returning from Ayodhya. This event ignited widespread riots in Gujarat that year.

Directed by Dheeraj Sarna, the film is produced by Shobha Kapoor, Ektaa R Kapoor, Amul V Mohan, and Anshul Mohan, and features actors Vikrant Massey, Raashii Khanna, and Ridhi Dogra.

In response to PM Modi’s commendation, producer Ekta Kapoor expressed her gratitude, highlighting that his praise provided a significant morale boost for the film’s team. Resharing the Prime Minister’s post, she wrote in Hindi on X: “Respected Prime Minister, thank you very much for your encouraging words about #TheSabarmatiReport. They have invigorated our spirits. Your recognition of #TheSabarmatiReport confirms that we are on the right path. Thank you for your love and support.”

This is not the first instance of PM Modi praising a film. In 2022, he lauded Vivek Agnihotri’s ‘The Kashmir Files’. He stated, “History must be conveyed in the correct context. Books, poetry, literature, and films all play a crucial role in this. You’ve likely heard the discussions surrounding ‘The Kashmir Files’; it has certainly ruffled the feathers of those who champion freedom of expression.” The film depicts the 1990 exodus of Kashmiri Pandits from the Valley and features Anupam Kher, Pallavi Joshi, Mithun Chakraborty, Darshan Kumar, among others.

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Nitin Gadkari slams Rahul Gandhi after he compares Modi to Biden over memory loss

Gandhi, the Leader of Opposition in the Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

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Union Minister Nitin Gadkari on Sunday slammed Congress leader Rahul Gandhi after the latter compared Prime Minister Narendra Modi to outgoing US President Joe Biden over memory loss, saying Gandhi should not be taken seriously.

The senior BJP leader expressed confidence that the people of Maharashtra would support the BJP-led Mahayuti alliance in the upcoming state Assembly elections on November 20.

“The way Rahul Gandhi speaks, nobody takes him seriously. I think people should not take his remarks seriously,” Gadkari said while speaking to PTI.

Gandhi, the Leader of Opposition in Lok Sabha, on Saturday took a swipe at the Prime Minister, saying Modi is suffering from memory loss like the outgoing United States president.

During an election rally in Maharashtra’s Amravati on Saturday, Gandhi said: “My sister was telling me that she listened to PM Modi’s speech. She said that these days Modi ji is essentially repeating whatever we say. Perhaps he has suffered memory loss. Like the former President of America. He used to forget things and had to be reminded from behind about what to say, and what not to.”

The Rae Bareli MP commented on the incident where Biden mistakenly called Ukrainian President Volodymyr Zelenskyy “President Putin” during the NATO summit held in Washington in July.

Gadkari, responding to Gandhi’s allegations about PM Modi suffering from memory loss like Biden, hit out at the Congress leader for speaking irresponsibly.

On Maharashtra Deputy Chief Minister Ajit Pawar’s dissent regarding Uttar Pradesh Chief Minister Yogi Adityanath’s ‘batenge toh katenge’ remark, which suggested increasing tensions within the Mahayuti alliance, Gadkari downplayed the issue, stating, “First of all, we are different parties, and it is not necessary that we share the same opinion.”

He elaborated that “the media also distorts what is said. This creates misconceptions. The call for unity was to unite against terrorism and Naxalism”.

On being asked about the challenges confronting the Mahayuti alliance following its less-than-stellar performance in the recent Lok Sabha elections, Gadkari attributed the results to the confusion propagated by the Opposition. “A narrative was created that if we win 400-plus seats, we will amend the Constitution drafted by Dr. Babasaheb Ambedkar.”

Gadkari strongly denied these assertions, saying, “There is no question of changing the Constitution. We will neither do it, nor allow others to do it. Now people have realised that the campaign by the opposition during the Lok Sabha polls was based on lies, and they have decided to support with positivity the Mahayuti in Maharashtra under PM Modi’s leadership.”

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Rahul Gandhi says continuing bloodshed in Manipur deeply disturbing

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

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Urging Prime Minister Narendra Modi to visit violence-hit Manipur, Leader of Opposition in the Lok Sabha Rahul Gandhi said that the recent string of violent clashes and continuing bloodshed in Manipur is deeply disturbing.

The former Congress chief urged the Prime Minister to work towards restoring peace and healing in the Valley.  

“After more than a year of division and suffering, it was the hope of every Indian that the Central and State governments would have made every effort at reconciliation and found a solution,” Gandhi said in a post on X.

On Friday night, three bodies, believed to belong to six individuals who had gone missing from the Jiribam district, were found near the confluence of the Jiri and Barak rivers along the Manipur-Assam border.

Following the development, the residences of two Ministers and three MLAs were attacked by protesters in Manipur’s Imphal on Saturday. The protesters were seeking justice for the murder of three persons in the Jiribam district.

In view of the situation, the government suspended internet services in seven districts, and a curfew was imposed. A mob also attacked the residence of Health and Family Welfare Minister Sapam Ranjan in the Lamphel Sanakeithel area.

In the Sagolband area, agitators gathered outside the residence of BJP legislator RK Imo, who is also the son-in-law of Chief Minister N Biren Singh, expressing demands for an appropriate response from the government regarding the killings and urging authorities to arrest the culprits within 24 hours.

The protesters who went to meet with independent legislator Sapam Nishikanta Singh at his residence on Tiddim Road vandalised the office of a local newspaper owned by him after knowing he was out of state. The mob reportedly destroyed several temporary structures in front of the office.

Imphal West, Imphal East, Bishnupur, Thoubal, Kakching, Kangpokpi and Churachandpur were the districts where the internet services were suspended for two days, as per the reports.

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