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A study: Two division benches of the same court, two decisions on similar cases

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Hadiya

[vc_row][vc_column][vc_column_text]‘Love Jihad’ has been an issue that has been manufactured by extreme right wing activists in the recent past, targeting inter-faith marriages. The target of such fringe hoodlum groups have been to show that Hindu girls (or even Christian girls) are being lured into marriage by Muslim youths, with the idea of involving them in terrorist activities. One such case – commonly known as the Hadiya case – has become famous. This case originated from a division bench of the Kerala High Court.

An almost identical case has arisen in the same court, handled by a different division bench.

Without comment, it would be interesting to see how the two benches have handled the cases.

First, the original Hadiya case

Hadiya , then K M Akhila, was a homeopathy student in Malappuram before she married Shefin Jahan on December 19 last year. They got introduced through a Muslim matrimonial website in August 2016. Two days after their wedding, Hadiya was asked to appear before the Kerala High Court in a habeas corpus petition filed by her parents. Her parents had approached the court alleging forceful conversion.

The court then granted Hadiya’s custody to her father KM Asokan and also directed the Kottayam district police superintendent to provide them protection. The High Court had annulled the marriage on May 24.

Hadiya, then 25, was not happy. Jahan, 27, challenged the high court verdict in the Supreme Court. On August 10, the Supreme Court asked the National Investigation Agency to look into this. That Supreme Court bench was headed by the then Chief Justice J S Khehar.

The top court also ordered the formation of a committee under the chairmanship of former SC judge Justice RV Raveendran. However, Raveendran had refused to head the committee.

Despite Hadiya being an adult, the high court had maintained that the girl was “weak and vulnerable” and susceptible to exploitation, and that “marriage being the most important decision in her life, can also be taken only with the active involvement of her parents.”

The other case

Now the other love jihad case, handled by another division bench of the same court.

On Thursday (October 19) this bench slammed the various religious groups’ campaign against what they call ‘Love Jihad’. The court bench said: “Every case of inter-religious marriage shall not be portrayed on a religious canvas and create fissures in the communal harmony otherwise existing in God’s own country Kerala”.

This division bench, comprising Justices V Chitambaresh and Satish Ninan said this in case – another habeas corpus petition – filed by Anees Hameed, a 25-year-old from Kannur, who was seeking the release of his wife Sruthi Meledath from her family’s custody. This bench ruled that Sruthi be allowed to stay with Hameed and dismissed the woman’s parents’ petitions, as well as a helpline run by a Christian group that wanted to implead itself in the case.

The court said it will “protect the individual liberty of even the lowest citizen of this country and unlock the doors of freedom if there is a faintest doubt that she is unlawfully confined or illegally detained.”

Like Hadiya, Sruthi too had stated in court that after the marriage her family had forcibly kept her away from her husband. Sruthi had been confined to Siva Sakthi Yoga Vidya Kendram near Kochi, which reportedly helps “reconvert” Hindu women who have embraced other religions.

In this case the court’s observations are critical. The bench said: “We are appalled to notice the recent trend in the state to sensationalise every case of inter-religious marriage as either love jihad or ghar wapsi. Disturbing news is coming from several parts of the country that young men and women who undergo inter-caste marriages are threatened with violence or violence is actually committed on them.

“In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major, he or she can marry whosoever he or she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter. But they cannot give threats or commit or instigate acts of violence, and cannot harass the person who undergoes such inter-caste or inter-religious marriage,’’ the bench said.[/vc_column_text][/vc_column][/vc_row]

India News

Manipur Assembly to meet at 4 pm today, floor test likely under new chief minister

The Manipur Legislative Assembly will convene at 4 pm today, with a floor test likely as the new chief minister seeks to prove his majority in the House.

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Manipur assembly

The Manipur Legislative Assembly will convene at 4 pm on Thursday in Imphal, a day after Yumnam Khemchand Singh was sworn in as the chief minister. A floor test is likely to be held on the first day of the session to establish the majority of the newly formed government.

In the 60-member Assembly, the BJP holds 37 seats, while its ally National People’s Party has six members, giving the ruling combine a clear majority in the House.

Singh chaired the first Cabinet meeting of his government late Wednesday evening, shortly after taking oath as the 13th chief minister of Manipur. The meeting marked the formal start of administrative functioning under the new Council of Ministers.

His appointment came nearly a year after the resignation of former chief minister N Biren Singh, who stepped down following months of ethnic violence between the Meitei and Kuki communities in the state.

After taking oath, Singh thanked Prime Minister Narendra Modi and said he would work with “utmost diligence to advance development and prosperity in Manipur,” aligning the state’s efforts with the vision of Viksit Bharat.

He said the government’s focus would be on inclusive economic growth while preserving Manipur’s cultural heritage, adding that he would discharge his responsibilities with sincerity and dedication, mindful of the trust placed in him.

The summoning of the 12th Manipur Legislative Assembly by Governor Ajay Kumar Bhalla, along with the first Cabinet meeting, signals the resumption of legislative and administrative processes in the state, officially bringing President’s rule to an end.

The sixth session of the 12th Manipur Legislative Assembly was last held from July 31 to August 12, 2024.

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India News

PM Modi skips Lok Sabha reply as protests force repeated adjournments

PM Modi did not deliver his Lok Sabha reply today after sustained Opposition protests led to repeated adjournments over a dispute involving Rahul Gandhi’s proposed speech.

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PM Modi

Prime Minister Narendra Modi did not deliver his scheduled reply to the Motion of Thanks on the President’s address in the Lok Sabha today after sustained Opposition protests led to multiple adjournments of the House.

The disruption followed an escalation of tensions linked to Congress leader Rahul Gandhi’s proposed speech and the suspension of eight Opposition MPs a day earlier. The situation worsened after remarks made by BJP MP Nishikant Dubey during the proceedings.

Dispute over references to books sparks fresh ruckus

The controversy intensified when Nishikant Dubey responded to Rahul Gandhi’s demand to speak on national security and references to the unpublished memoirs of former Army chief General MM Naravane. Dubey said that while Gandhi wanted to quote from an unpublished book, he himself had brought several books that, according to him, made claims about the Gandhi family.

As Dubey began listing these books and their contents, strong protests erupted from Opposition members. Krishna Prasad Tenneti, who was presiding over the House at the time, cited Rule 349, which restricts members from reading out books, newspapers, or letters unless directly related to parliamentary business. Despite repeated warnings, the matter remained unresolved, leading to another adjournment.

Rahul Gandhi accuses government of silencing debate

Earlier in the day, Rahul Gandhi alleged that he was being prevented from speaking on an issue of national importance. He claimed the government was uncomfortable with references to General Naravane’s memoirs, which he said discussed the handling of the 2020 China border crisis.

In a social media post, Gandhi said he intended to present the Prime Minister with a book authored by the former Army chief, adding that some cabinet ministers had even questioned the existence of the book. He also wrote to Lok Sabha Speaker Om Birla after the suspension of eight Opposition MPs, alleging that parliamentary debate was being curtailed.

After it became clear that the Prime Minister would not speak in the House today, Gandhi posted that PM Modi had avoided Parliament because he was “scared” to face the truth. Congress MP Priyanka Gandhi Vadra echoed the allegation, claiming the Prime Minister was unwilling to enter the House.

Proceedings disrupted throughout the day

Lok Sabha proceedings were first adjourned until 2 pm amid loud protests over the issue linked to Naravane’s memoirs. Even after the House reconvened, disruptions continued, preventing normal business from resuming.

Later, Congress MPs staged a demonstration outside the Parliament complex, demanding that Rahul Gandhi be allowed to speak on the President’s address.

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India News

President’s Rule revoked in Manipur as NDA set to form new government

President’s Rule has been withdrawn in Manipur nearly a year after its imposition, paving the way for a new NDA-led government under Yumnam Khemchand Singh.

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President rule invoked in Manipur

President’s Rule has been revoked in Manipur nearly a year after it was imposed, clearing the way for the formation of a new government led by the BJP-led National Democratic Alliance (NDA). The decision came hours before the scheduled oath ceremony of the new council of ministers.

Chief minister-designate Yumnam Khemchand Singh is set to take oath later this evening, along with other NDA legislators who will formally join the new government. The revocation brings an end to central rule that had been in place since February 2025, following the resignation of then chief minister N Biren Singh.

Assembly status during central rule

During the period of President’s Rule, the Manipur Legislative Assembly remained in suspended animation, meaning it was neither functioning nor dissolved. With the restoration of the elected government, legislative activity is expected to resume.

Khemchand Singh, 61, belongs to the Meitei community. Two deputy chief ministers have been named to reflect Manipur’s ethnic diversity. Nemcha Kipgen, from the Kuki community, and Losii Dikho, from the Naga community, are set to take charge as deputy chief ministers.

According to people with direct knowledge of the matter, Nemcha Kipgen is likely to take oath from a Manipur government guesthouse in Delhi.

Key portfolios and leadership choices

Seven-time MLA from Bishnupur district, Govindas Konthoujam, said he has been entrusted with the Home portfolio. Emphasising stability and law and order, he said he remains committed to serving the state with discipline and restraint.

Sources said Khemchand Singh is viewed within the party as a non-polarising leader who is acceptable across internal factions at a time of political transition. While he is yet to be tested in governance, he is seen as a steady administrative choice capable of providing organisational discipline and continuity amid uncertainty.

Uneasy peace continues in Manipur

The formation of the new government comes against the backdrop of continued tension in Manipur, nearly three years after violence erupted between the Meitei community in the valley areas and the Kuki tribes in several hill districts.

A section of Kuki groups has been demanding a separate administrative arrangement, with negotiations involving multiple insurgent groups operating under two umbrella organisations that are signatories to the suspension of operations agreement.

In recent weeks, some Kuki civil society organisations have stated they would not participate in the Manipur government and have distanced themselves from Kuki MLAs expected to join the new administration.

A day before the announcement of the new government, Kuki leader Paolienlal Haokip posted on X that representatives of the Kuki Zo people could not take part in leadership selection without justice and a written commitment for political settlement.

Diverging demands from communities

Meitei civil society groups have maintained that all internally displaced persons should be allowed to return home safely, even as dialogue continues. However, Kuki leaders have insisted that a political solution in the form of a separate administration must come first, before discussions on rehabilitation and return from relief camps.

Meitei leaders have countered this position, arguing that the demand reflects an ethnocentric territorial claim and that humanitarian issues should be addressed alongside negotiations, as no area is exclusively inhabited by a single community.

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