Marriage Of Minor Girls In Sharia A ‘Sexual Assault’; Child Rights Commission Challenges HC Order in Supreme Court of India
New
Age Islam News Bureau
24 October 2022
•
Thousands March In Washington To Support Protesters In Iran
•
Thousands Rally in Berlin, Elsewhere in Support of Iranian Women
•
Regression Of Women’s Rights Continues In Afghanistan: Report
•
Farah Province to Provide Free Transportation for Female Students
Compiled
by New Age Islam News Bureau
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Marriage
Of Minor Girls In Sharia A ‘Sexual Assault’; Child Rights Commission Challenges
HC Order in Supreme Court of India
Umang
Sharma
October
18, 2022
Child
marriage. Representational Image
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New
Delhi: The Supreme Court has agreed to examine a petition of the National
Commission for Protection of Child Rights (NCPCR) challenging an order of
Punjab and Haryana High Court from June this year wherein it had cited Sharia
Law and held that a 16-year-old Muslim girl could enter into a valid marriage.
However,
NCPCR, in its Special Leave Petition (SLP) has argued that since the order is
in violation of the POCSO Act, under which sexual intercourse with a girl
younger than 18 years is sexual assault.
What
NCPCR says?
“Substantial
question of law involved in instant petition is that whether on the facts and
in the circumstances of the case and in law the Hon’ble High Court ought to
have considered the age of the Respondent No. 2 herein as she is a minor child
as per POCSO Act before issuing the writ of Mandamus and that whether on the
fact and in the circumstances of the case and in law, the Hon’ble High Court
has erred in ignoring the fact that sexual intercourse with a minor girl below
the age of 18 years is sexual assault as per POCSO Act,” NCPCR said in the
petition.
“It
is most respectfully submitted that the impugned order is incorrect on face of
it as the same is in total disregard of the statutory provision and principles
established by this Hon’ble Court,” NCPCR added.
The
apex court issued notice and appointed senior advocate Rajshekhar Rao as amicus
curiae for assistance in the matter.
Appearing
for the NCPCR, Solicitor General (SG) Tushar Mehta requested the court to stay
of the observation in the judgement. He said that it is a “serious issue” in
view of the impact on the ban of child marriages and also the POCSO Act.
Posting
the matter to November 7, the Supreme Court bench comprising Justices Sanjay
KishanKaul and Abhay S Oka appointed Senior Advocate R Rajasekhar Rao said,
“How will anybody follow this? We are saying we will examine the issue. Let us
hear the amicus and we will hear the matter.”
Punjab
and Haryana High Court order in question
A
Pathankot-based couple — a 16-year-old (minor) Muslim girl and a Muslim man
aged 21 years approached the High Court, seeking protection as their families
were opposed to the wedding, which had taken place as per religious customs
earlier in June this year.
A
single-judge Bench of the High Court had granted protection to the Muslim
couple and said that the girl, who has attained puberty is of Marriageable Age
under Muslim Personal Law. It further observed that the marriage was governed
by Muslim Personal Law.
“The
court cannot shut its eyes to the fact that the apprehension of the petitioners
needs to be addressed. Merely because the petitioners have got married against
the wishes of their family members, they cannot possibly be deprived of the
fundamental rights as envisaged in the Constitution of India,” the Punjab and
Haryana High Court said.
The
court further said the issue for consideration in the case was not with regard
to the validity of the marriage but to address the apprehension highlighted by
the petitioners of danger to their life and liberty.
The
High Court had even directed the Senior Superintendent of Police, Pathankot, to
decide the representation of the petitioners and take appropriate action as per
law.
For
the unversed, the legal age of marriage is 18 years for a woman and 21 years
for a man.
NCPCR
petition in Supreme Court
In
its argument, NCPCR argued that the Punjab and Haryana High Court’s ruling
essentially allowed a child marriage which is violation of the Prohibition of
Child Marriage Act, 2006.
“The
provisions of the Act are secular and applicable to all religions,” petition
stated.
It
further said that the judgement is against the spirit of Prevention of Children
against sexual offences, 2012 (POCSO), which is also a secular law.
Arguing
further, the NCPCR said that as per the law, no child below the age of 18 years
can give a valid consent. Child protection laws cannot be seen in isolation
with Article 21 of the Constitution guaranteeing the right to life and liberty.
Source:Firstpost
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Thousands
march in Washington to support protesters in Iran
October
23, 2022
Protesters
march in solidarity with protesters in Iran in front of the White House in
Washington, DC, on Saturday. — AFP
-----------
Thousands
of people, including many of Iranian origin, marched on Saturday in Washington
to show support for nationwide protests in Iran sparked by the death of
MahsaAmini last month.
They
chanted slogans such as “Women, life, freedom” and “Justice for Iran” as they
walked from the National Mall — the vast green expanse that is home to the
Washington Monument — to the White House.
Siamak
Aram, one of the organisers, said attendance would surpass 10,000 by the end of
the procession and that this was the fifth such rally in Washington, in
solidarity with women-led protests in Iran that are now in their sixth week.
“I
believe this is the biggest one,” Aram told AFP.
Some
of the protesters came from other cities such as a 28-year-old woman from
Boston who gave her name only as Mahshid and wore a T-shirt that read “Help
free Iran.”
“We
do not want this tyrant regime anymore, who is banning us from our simple human
rights and from our freedom,” said Mahshid, who left Iran three years ago to
complete a master’s degree in architecture in the United States.
Like
other people at the rally, she declined to give her last name, fearing for kin
that remain in Iran.
One
sign held by a young woman had a hair strand attached to it and read: “Our hair
may offend you but our mind will end you.”
Amini
died last month in police custody after her arrest for allegedly breaching
Iran’s strict dress code for women. Her death has fuelled the biggest protests
seen in the Islamic republic for years.
Other
rallies in support of the protesters in Iran were also held on Saturday in
Berlin and Tokyo.
In
Washington, a woman named Marjan, aged 55, said she was pleased that the rally
featured both people who have lived in Iran and others who have not.
“You
see different ages, different religions, different beliefs,” Marjan said.
A
childhood friend of hers named Negar was visiting from Britain, where she said
she has also attended rallies like this.
“This
is an amazing revolution led by women really, and they’re the most oppressed
people in Iran,” said Negar, 53.
Of
Saturday’s march in Washington, she said: “The least we can do is be here.”
Source:
Dawn
https://www.dawn.com/news/1716511
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Thousands
Rally in Berlin, Elsewhere in Support of Iranian Women
October
22, 2022
People
attend a protest against the Iranian regime, in Berlin, Germany, Oct. 22, 2022,
following the death of Mahsa Amini in the custody of the Islamic republic's
notorious "morality police."
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Thousands
of Iranians were among an estimated 80,000 people who joined in a rally
Saturday in Berlin, the largest of several protests in cities around the world
showing solidarity with women-led protests in Iran.
Iranians
traveled to Berlin for the protests and were in other demonstrations in Sweden,
Italy, France, Switzerland and other European cities, photos show. Protests
were also reported in London, Toronto, Washington and Los Angeles.
Music
played, including the song "For Freedom," which has become a symbol
of the nationwide protests of Iranians. And various groups chanted together
"Death to the Islamic Republic."
"Today,
thousands of people are showing their solidarity with courageous women and
demonstrators in Iran," tweeted Germany's Green Party minister for family
affairs, Lisa Paus. "We are by your side," she noted.
At
a rally in New Zealand, Iranians held Iran’s lion and sun flag and chanted the
slogan "women of freedom."
In
Brisbane, Australia, Iranians held a demonstration despite the rain.
At
the Berlin rally, some marchers brandished slogans such as "Women, Life,
Freedom" and some waved Kurdish flags.
"From
Zahedan to Tehran, I sacrifice my life for Iran," human rights activist
FaribaBalouch said after giving a speech at the Berlin gathering, referring to
Iranian cities swept up in the protests. The crowd responded with “Death to
Khamenei,” referring to the Supreme Leader Ayatollah Ali Khamenei.
HamedEsmaeilion,
the spokesman of the PS752 Flight Families Association, spoke at the rally.
"The
Islamic Republic is not equal to Iran," he said, and he called on Western
countries for a targeted boycott of the authorities of the Islamic Republic.
"Respect
the most progressive revolution in the history of the Middle East and don't
forget that we, the people of Iran, do not forget the collaborators with the
criminals of the Islamic Republic."
The
crowd completed his sentence with the phrase "We do not forgive."
Ukraine
International Airlines Flight 752 was shot down shortly after takeoff from
Tehran’s Imam Khomeini International Airport on January 8, 2020, by missiles
fired by Iranian anti-aircraft weapons. All its 176 passengers and crew members
died.
Anti-government
activists said the Berlin march was the largest ever demonstration against the
Islamic Republic by Iranians abroad.
"I
feel very good, because we are here to [say] 'We are with you, with all Iranian
people.' I am MahsaAmini's voice," said a protester who gave her name as
Maru.
Several
of the participants told VOA that they came out to the rally in solidarity with
the protesters who are "losing their lives on the streets of Iran"
and to support the "revolution that is now in Iran."
At
the same time, Iranians held a rally in London’s Trafalgar Square, waving flags
and chanting support for protesters in Iran. They also sang the song "For
Freedom," which is one of the symbols of the ongoing nationwide protests
in Iran, on a placard.
On
the National Mall in Washington, thousands of women and men, wearing the green,
white and red colors of the Iranian flag, chanted: "Be scared. Be scared.
We are one in this."
As
they marched to the White House, some shouted, "Say her name! Mahsa!"
In
Los Angeles, home to the biggest population of Iranians outside of Iran,
protesters formed a slow-moving procession along a closed downtown street.
They
called for the fall of Iran's government and waved hundreds of Iranian flags
that turned the horizon into an undulating wave of red, white and green.
"We
want freedom," they thundered in unison.
ShookaScharm,
an attorney who was born in the U.S. after her parents fled the Iranian
revolution, was wearing a T-shirt with the slogan "Women, Life,
Freedom" in English and Farsi. In Iran "women are like a second-class
citizen and they are sick of it," Scharm said.
Iran
has seen six weeks of growing women-led protests sparked by the death of
MahsaAmini. She was arrested in mid-September by Iran’s morality police and
died in their custody three days later. Amini, 22, was arrested for allegedly
breaching the country's strict dress code for women.
In
Iran Saturday, protests were reported in Tehran, where protesters chanted
"Death to the dictator" around Tehran's bazaar, among several cities,
and shopkeepers and factory workers went on strike as citizens continue to
react angrily to Amini’s death.
Protests
also were reported in Karaj, a suburb of Tehran, and Mashhad.
In
Mashhad, Iran's second-most populous city, protesters reportedly chanted,
"Don't be afraid, don't be afraid, we are all together" as drivers
honked their horns in support.
The
protests are the biggest seen in the Islamic republic for years, harking back
to 2019 rallies sparked by rocketing fuel prices.
The
published images from the cities of Sanandaj, Saqqez and Marivan in Kurdistan
province, as well as Bukan in the West Azerbaijan province, depict the general
strike of workers.
Young
women have led the charge, removing their headscarves, chanting anti-government
slogans and confronting the security forces.
The
Oslo-based, Iran Human Rights group says at least 122 people — including some
children — have died in the unrest.
Source:
VOANews
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Regression
of women’s rights continues in Afghanistan: Report
23
October, 2022
Representative
Image
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Kabul
[Afghanistan], October 23 (ANI): Since the Taliban seized power in Afghanistan
in August last year, women and girls in the country continue to be persecuted
for speaking out for fundamental rights and have been limited to their homes,
according to a recent report of United Nations.
Taliban
continue to impose its brutal regime on Afghan women forbidding them from
exposing their faces in public and has also deprived them of their reproductive
rights which represents one of the most severe examples of the regression of
women’s and girls’ rights, Khaama Press reported.
According
to UN Secretary-General Antonio Guterres, the percentage of women participating
in peace negotiations is also decreasing, with no participation of women in
leadership in the war-torn country.
“Only
with equal representation of women in leadership and participation, can we
build stable, peaceful societies,” said the UN Chief in a tweet on Sunday.
After
the Taliban seized control of Afghanistan on August 15, 2021, they immediately
began rolling back the rights of women and girls. Women began to protest on the
streets since Taliban’s first week in power, despite the grave risks they faced
in doing so.
By
early September, women-led protests were taking place in Herat province in
western Afghanistan and quickly spread across multiple provinces.
According
to Human Rights Watch, the Taliban response was brutal from the beginning,
beating protesters, disrupting protests, and detaining and torturing
journalists covering the demonstrations. The Taliban also banned unauthorized
protests. Over time, the Taliban’s abusive responses escalated, with a
particularly brutal response to a protest on January 16 in Kabul, when Taliban
members threatened, intimidated, and physically assaulted protesters, using
pepper spray and electric shock devices.
Notably,
the situation of human rights in Afghanistan has worsened since the collapse of
the Afghan government and the Taliban’s return to power in August last year.
Although the fighting in the country has ended, serious human rights violations
continue unabated, especially against women and minorities.
Besides
this, the continuously soaring prices of food products in the country have
emerged as a new challenge for Afghans. In a short span of fewer than three
months, food prices have almost doubled, reported Khaama Press. (ANI)
Source:ThePrint
https://theprint.in/world/regression-of-womens-rights-continues-in-afghanistan-report/1180326/
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Farah
Province to Provide Free Transportation for Female Students
October
24, 2022
The
officials of Farah's Department of Education said the Islamic Emirate is
working on a plan to offer free transportation services for female students.
Girls'
schools will reopen following the completion of this plan, according to Akhtar
Mohammad Zaeam, director of Farah's education department.
"Conversations
are taking place about the funds to provide transportation for them and their
teachers. Female students in secondary and high school will be permitted to
attend school after this issue is handled,” the director said.
Some
of Farah's female students who were prevented from attending school took to
sewing classes and asked the Islamic Emirate to reopen schools as soon as
possible.
"I've
come here and started sewing and I thank those who help us,” said Najiba, a
student.
"I
was having a lot of mental issues and ever since I came here for sewing I've
started to feel a little better,” said Ferishta, another student.
Meanwhile,
women's rights activists warn of the consequences of closing schools for girls
above sixth grade.
"Female
students should be permitted to attend school since they make up half of
society, if we want the country to advance,” said Setara, another women’s
rights activist.
This
comes as ZabihullahMujahid, the spokesman of the Islamic Emirate, said in a
meeting in Turkey last week that secondary schools for girls will be reopened.
Source:ToloNews
https://tolonews.com/afghanistan-180429
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