Marriages Don’t Require Public Declaration; In some cases, enforcing a public declaration could put lives at risk and potentially result in forced separation: Supreme Court
New Age
Islam News Bureau
29 Aug 2023
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Marriages Don’t Require Public
Declaration: SC
·
Miss World 2023 To Be Held in Kashmir
·
Afghan
Women 'More Vulnerable Over Last Two Years'
·
Mahnoor
Cheema, A Pakistani Girl In UK Celebrates Achieving Total Of 34 GCSEs
·
24 Mothers Die Daily from
Maternal Mortality in Afghanistan: WHO
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/marriages-supreme-court/d/130559
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Marriages
Don’t Require Public Declaration: SC
FILE PHOTO: A television journalist sets his camera inside the premises
of the Supreme Court in New Delhi February 18, 2014. REUTERS/Anindito Mukherjee
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By
Utkarsh Anand
Aug 29,
2023
The
Supreme Court of India has ruled that not all marriages require a public
declaration or solemnisation
Not
every valid marriage requires a public declaration or solemnisation in a
particular manner, the Supreme Court held on Monday, as it underlined the
importance of autonomy in choosing life partners and approved a Tamil Nadu law
that allowed “self-respect” marriages.
“Couples
intending to marry may refrain from making a public declaration due to various
reasons, such as familial opposition or fear for their safety. In such cases,
enforcing a public declaration could put lives at risk and potentially result
in forced separation,” noted a bench of justices S Ravindra Bhat and Aravind
Kumar.
Section
7-A of the Hindu Marriage Act, as applicable to the state of Tamil Nadu through
a state amendment in 1967, legally recognisesSuyamariyathai and Seerthiruththa
marriages (reformist or self-respect marriages) between any two Hindus,
solemnised in the presence of relatives, friends, or other persons.
The
state law maintains that the parties to the marriage can proclaim in whatever
language they understand that one person accepts the other to be his or her
wife or husband; the parties can also garland each other, place rings on each
other’s fingers, or tie the thali to solemnise the union, as per the law.
By a
judgment on May 5, the Madras high court had disapproved of marriages being
conducted by advocates in their offices under Section 7-A of HMA, citing a 2014
judgment of the same high court. It added that the marriage performed by
advocates in their office is not valid, unless it is registered under the Tamil
Nadu Registration of Marriages Act, 2009. The court further said that the
physical appearance of the parties to the marriage before the marriage
registrar is essential.
The high
court judgment came while dismissing a habeas corpus petition filed by a man,
who complained that his wife, with whom he was married in a ceremony before
advocates, was forcibly taken away by her parents. The man filed an appeal
against this order through advocates A Velan and Mrityunjay Pathak.
Setting
aside the high court judgment, the top court on Monday banked on a 2001
judgment of the Supreme Court that held that the presence of a priest was not
necessary for a valid marriage under Section 7-A and that a wedding conducted
in the presence of relatives or friends or other persons by a simple ceremony
was enough.
“The
view expressed by the Madras high court in Balakrishnan Pandiyan Case (2014) is
erroneous. It is premised on the assumption that each marriage requires a
public solemnisation or declaration. Such a view is rather simplistic because
often due to parental pressure, couples intending to enter into matrimony may
not enter into it for the reason of such opposition, hold or give such public
declaration, as doing so would imperil their lives and could very likely result
to threat of bodily integrity, or forcible or coerced separation,” noted the
bench.
It is
not hard to visualise other pressures brought to two individuals who are
otherwise adults and possess free will, said the court, adding the 2014
judgment of the Madras high court is not only narrowing the otherwise wide
import of statute but is also violative of the right under Article 21 of the
Constitution.
The
court went on to cite a bundle of top court judgments that acknowledged the
right to choose a life partner as a fundamental right under Article 21. It
referred to the Supreme Court judgment in the 2017 Shafin Jahan-Hadiya case,
emphasising that the personal liberty of a person must be fully given effect
to.
It said
that lawyers who are not acting in the capacity of the officer of the court,
but in other capacities like that of a friend or relative or social activist
can perform marriages under Section 7-A of HMA. “Advocates have many
capacities. They are officers of the court. While acting as counsel/advocate,
they should not undertake or volunteer to solemnise marriages. However, in
their private capacity as friends as relatives, their roles as witnesses cannot
be ruled out,” it stated.
In the
present case, the bench recorded the wishes of the woman that she wanted to
live with the petitioner and allowed the man’s plea.
Source:
hindustantimes.com
https://www.hindustantimes.com/india-news/supreme-court-recognizes-validity-of-self-respect-marriages-emphasizes-autonomy-in-choosing-life-partners-101693288071340.html
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Miss
World 2023 To Be Held In Kashmir
Miss World Karolina Bielawska addresses a joint press conference with
others at Kashmir International Convention Centre (KICC) in Srinagar. (Waseem
Andrabi/Hindustan Times)
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New
Delhi | August 29, 2023
The most
prestigious beauty contest 71st Miss World 2023 is set to be held in Kashmir
later this year with 140 participating countries, and the creditgoes to the G20
meeting held here in May.
This was
revealed at a breakfast press briefing in Srinagar on Tuesday.
The
press briefing was attended by Miss World, Karolina Bielawski, Miss India, Sini
Shetty, Miss World Caribbean, Emmy Pena and Miss World England Jessica Gagen
and Miss World America Shree Saini and Miss Asia Pricilia Carla Saputri Yules.
“Kashmir
has everything and it is the best place to host an event like Miss World. I am
so grateful to see the beautiful place in India, the beautiful lakes here,
everyone has welcomed us nicely.
“The
hospitality we got was wonderful. It would be exciting to see 140 countries
participating in the event. Every place has its own beauty, but the pleasant
hospitality here has been overwhelming”, Karolina Bielawski said.
Miss
India, Sini Shetty said, “It is a proud moment that Miss World 2023 is going to
be held in Kashmir. This moment would be like Diwali as 140 countries are
coming to India and participating as a family”.
All
pageant winners had breakfast with other dignitaries at a local five-star
hotel.
Rouble
Nagi of Rouble Nagi Art Foundation and Chairman PME entertainment in India,
Jamil Saidi were also present at the breakfast meeting.
Miss
World America, Shree Saini and Julia Morley, chairperson and CEO of the Miss
World Organisation have joined the pageant winners’ Kashmir tour. India would
be hosting the pageant after nearly three decades. The last time the country
hosted the event was in 1996.
Source:
thestatesman.com
https://www.thestatesman.com/india/miss-world-2023-to-be-held-in-kashmir-1503216716.html
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Afghan
Women 'More Vulnerable Over Last Two Years'
By
Mujeeb Rahman Awrang Stanikzai, Head of TOLOnews' Online Departmen
29
August 2023
The
Guardian reported that the “loss of freedom and hope, and an increase in forced
and underage marriages and domestic abuse, has made women even more vulnerable
over the last two years.”
Afghanistan’s
history of conflict and poverty had fuelled a mental health crisis long before
August 2021, the report said, adding that a survey published in the journal BMC
Psychiatry two months before the Taliban takeover found nearly half the
population suffered from psychological distress.
About
90% of mental health admissions at the provincial hospital in western Herat
were women “breaking down under the weight of the new restrictions”, one medic
there said, according to Guardian.
Efforts
to tackle the issue under the last government, from legislation to shelters,
were imperfect but offered women some hope, the report said, adding that those
efforts have now been dismantled by the Taliban.
“The
mechanism to respond to domestic violence is totally eradicated; women have no
choice but to bear the violence or kill themselves,” Shaharzad Akbar, a former
chair of the Afghanistan Independent Human Rights Commission, was quoted by
Guardian.
Source:
tolonews.com
https://tolonews.com/index.php/afghanistan-184853
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Mahnoor
Cheema, A Pakistani Girl InUK Celebrates Achieving Total Of 34 GCSEs
ARAB
NEWS
August
27, 2023
LONDON:
A Pakistani girl living in the UK passed 17 GCSEs last week after passing
another 17 the previous year with flying colors.
Mahnoor
Cheema, 16, originally from Lahore, scored 9s and a handful of 8s in her GCSEs
in subjects ranging from astronomy and further maths to Latin and French. Grade
9 is the equivalent of above an A* and grade 8 is the equivalent of between
grades A* and A.
The
teenager wants to study medicine at the University of Oxford and has an IQ of
161, The Times reported.
Cheema’s
favorite subjects are science and English literature and she has a particular
fondness for the works of Homer. She speaks English, Urdu and Punjabi fluently,
and can also speak decent French and German.
The
teenager spends up to five hours a day reading when not in school, plays the
cello, swims, rides horses and plays chess. She has posters of Harry Potter
actress Emma Watson and Nobel prize-winning activist Malala Yousafzai in her
bedroom.
She says
that she doesn’t particularly “love” school and prefers learning by reading.
“I’m not the type to sit in a classroom and absorb knowledge from somebody
who’s giving a lecture,” she said.
Cheema’s
father, Usman, is a barrister, and her mother, Tayyaba, is studying for a
masters in economics. They moved to the UK from Lahore in 2016.
The
teenager said that she felt “isolated” when she first arrived in the UK at the
age of nine because her teachers would “just put me to the side and give me a
bunch of maths problems to do because I was already very familiar with what the
rest of the class was doing.”
Her
father said that his daughter’s extraordinary results did not come as a
surprise: “We were expecting this news if I tell you honestly — she never lets
us down.”
He said
that he knew she was “not normal” from when she was just 10 months old, as she
was already formulating long sentences.
One of
her earliest childhood memories is reading Harry Potter in the playground at
her primary school in Pakistan at the age of six while other children played.
Cheema
and her family will be celebrating her achievements with a barbecue attended by
her extended family and her two younger siblings, Laila, 13, and Jibran, 8.
Source:
arabnews.com
https://www.arabnews.com/node/2362396/world
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24
mothers die daily from maternal mortality in Afghanistan: WHO
August
29, 2023
The World Health Organization (WHO) has issued
a clear warning about the situation in Afghanistan. Every day, around 24
mothers lose their lives due to preventable maternal causes. This tragic loss
of life directly results from these mothers not receiving the necessary health
assistance. This problem has been further exacerbated by a shortfall in
funding, making it imperative to address these challenges promptly.
The WHO
warned on a social media platform X, “Estimated 24 mothers die each day of
preventable maternal mortality causes under the current funding.”
The
organization added, “This number is projected to rise dramatically if the
current funding shortage continues.”
The WHO
has issued a recent warning regarding Afghanistan with a severely compromised
health system. The report underscores the grave risks to millions of lives due
to food insecurity and malnutrition, amplified by infectious diseases, ongoing
outbreaks, and a harsh drought.
The
report reveals a shocking increase in the demand for humanitarian assistance,
soaring to 28.8 million people in 2023 from 18.4 million before the Taliban
assumed power in August 2021.
This
alarming escalation underscores the urgent requirement for intensified support
and relief efforts in the affected region.
Within
the health sector, the report indicates that a surprising 14 million
individuals (encompassing 7.5 million children and 3.1 million women) are now
set aside for health aid.
However,
the report highlights a concerning disparity, with only 8.4 million people
receiving assistance during the initial half of 2023. This shortfall emphasizes
the need for enhanced efforts to bridge the gap and provide vital health
support to vulnerable people.
The
WHO’s funding for 2022-2023 amounts to US$480 million, with US$355 million
implemented or available. Yet, a funding gap of US$125 million remains to
uphold essential health needs for the remainder of 2023.
Source:
khaama.com
https://www.khaama.com/24-mothers-die-daily-from-maternal-mortality-in-afghanistan-who/
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URL: https://newageislam.com/islam-women-feminism/marriages-supreme-court/d/130559