Kerala High Court news

Kerala HC Orders Trial Against Man Who Accused Muslim Girl of Adultery Over a Handshake

The court in its order noted that religious beliefs cannot be imposed on others.

New Delhi: The Kerala high court refused to grant relief to a man who accused a Muslim girl of violating Shariat law for shaking hands with former Kerala finance minister T.M. Thomas Isaac at a college event.

The man, Abdul Noushad, had claimed the girl’s conduct amounted to adultery.

The girl, a law student, subsequently filed a case against him for causing disgrace to her and her family, BarandBench reported.

Noushad then approached the Kerala high court asking for criminal proceedings against him to be quashed.

In its order passed on October 1, the court, while dismissing his petition, noted that the choice to shake hands with the minister was the girl’s and that she cannot be forced to follow religious practices.

“Religious beliefs are personal. There is no compulsion in religion, especially in Islam. One cannot compel another to follow his religious practice by the latter. Religious practice is a personal choice of every citizen of this country. A perusal of Article 25 of the Constitution of India would show that subject to public order, morality and health and to the other provisions of that Part of the constitution, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion,” the court said in its order.

Justice PV Kunhikrishnan in his order pointed out that the right to propagate religion does not mean that it can be imposed on others.

“Propagate religion does not mean that the religious practice should be imposed on others…Articles 25 to 28 of the Constitution of India do not permit a person to impose his religious beliefs on another,” the court said.

The order also cited verses from the Quran to emphasise that Islam promotes personal freedom and that religious beliefs cannot be forced on another individual.

The Muslim girl, a student at Markaz Law College, met Isaac at an interactive session organised by the institute. She was called on stage to receive a gift when she shook hands with Isaac.

Later, a Facebook post and a WhatsApp video surfaced which presented the interaction as a violation of Shariat Law. Noushad can be heard making similar remarks in the WhatsApp video, accusing the girl of adultery.

Based on the girl’s complaint, Noushad was booked under Section 153 Indian Penal Code (provocation with intent to cause riot) and Section 119(a) of the Kerala Police Act (degrading the dignity of women).

While Noushad moved the court, arguing that the charges against him would not be attracted considering the facts of this case, the court noted that he had not denied making the remark and thus should be tried for the offence.

The court in its order also said that societal beliefs and religious practices must be followed in tandem with the Constitution.

“A young brave muslim girl comes forward and says that, it violates her personal freedom of religious belief. In such situations, our constitution will protect her interest. Moreover, it is the duty of the society to support her. No religious belief is above the constitution and the constitution is supreme,” the order said, directing the trial court to dispose of the case expeditiously.

Will Recover Loss Suffered in Vizhinjam Agitation Violence, Kerala Govt Tells HC

The court directed the government to file a detailed report on the steps taken by it against the violence and posted the matter for further hearing on December 2.

Kochi: The government on Monday, November 28, informed the Kerala high court that steps will be taken to recover the loss suffered due to the violent protest and attack over the Vizhinjam sea port incident.

Justice Anu Sivaraman, who was hearing a plea filed by the Adani Group against obstruction and blockade due to protests, said stern action should be taken in the matter.

The court directed the government to file a detailed report on the steps taken by it against the violence and posted the matter for further hearing on Friday, December 2.

Meanwhile, Adani Group informed the court that the trucks carrying construction materials were blocked by the protesters despite court orders.

The state government informed the court that 40 police personnel were injured in the violence in which 3,000 protesters took part.

The court asked the government to take all possible steps to ensure law and order in the region.

The court had multiple times asked the protesters not to block the road to the port premises and have asked the government to remove the shed erected by the agitators as part of their protests.

However, the government had on November 7 told the court that it was unable to demolish the protest tents at the port due to the presence of children, pregnant women and aged people among the agitators.

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Adani Group had earlier claimed that the court’s order to provide police protection for the construction work was not implemented. It has also sought demolition of a tent set up at the protest site.

A large number of people have been staging protests outside the main entrance of the multi-purpose sea port at nearby Mulloor for a few months.

They have been pressing for their seven-point charter of demands that include stopping the construction work and to conduct a coastal impact study in connection with the multi-crore project.

The protesters have been alleging that the unscientific construction of groynes, the artificial sea walls as part of the upcoming port at Vizhinjam, was one of the reasons for the increasing coastal erosion.

The high court in its interim order on October 19 made it clear to remove obstructions created by protesters at the entrance of the port and asked the state government to implement it.

(PTI)

‘Some People Are More Less Than Others’: Kerala HC Chastises Govt in Child’s Compensation Case

An eight-year-old Dalit girl has moved court seeking compensation after a policewoman falsely accused her of stealing a phone and humiliated her in public over it.

New Delhi: The Kerala high court has questioned how the state government could oppose the plea for compensation of an eight-year-old Dalit girl who had been falsely accused by a police officer of stealing a phone and humiliated over it.

The state government, represented by its Additional Public Prosecutor P. Narayanan, said that public law remedy can only be sought when the facts are “undisputed” and there is undeniable violation of fundamental rights under Article 21 of the constitution.

To this Justice Devan Ramachandran said that the government believed there was no violation “because they don’t recognise fundamental rights,” reported Bar and Bench.

“Some people are more less than others, other people are more more than others, maybe that is what it is, we do not know,” the judge said as part of oral observations.

Justice Ramachandran also pulled up police over inaction, directing the state to look into compensating the child monetarily under constitutional torts. The News Minute has reported that the court has also refused to accept the state government’s report.

Bar and Bench has reported that the incident took place while people were watching equipment being transferred to the Indian Space Research Organisation centre in Thiruvananthapuram. Bystanders have said that a policewoman accused the child, who was standing with her father, of stealing her mobile phone – which was later found in her vehicle.

“According to the petitioners, the police officer used derogatory language and intimidated and threatened them, following which the girl was left traumatised, and required counselling,” the report said.

The police officer belonged to the ‘Pink Patrol’ meant to enhance safety of women, The News Minute has reported.

APP Narayan also held that the court cannot take cognisance of the incident because no evidence has been placed on record and it is thus dependent on affidavits and statements.

The accused Inspector General of Police has claimed that the girl cried not because she humiliated her but because of the crowd that had gathered.

The court also noted the mention of video on social media in a statement and chastised police for not producing it before the court.

Kerala HC Bans all Forms of Agitations in College, School Campuses

The court had earlier voiced its disapproval of political activities like dharnas and strikes in educational institutions.

Kochi: The Kerala high court on Wednesday banned all forms of agitations by student groups in school and college campuses in the state that disrupt functioning of educational institutions.

Banning various forms agitations like gherao and sit-in on the campuses, the high court also said no one can be persuaded to participate in such protests.

Noting that educational institutions are meant for academic-related activities and not for protests, Justice P.B. Suresh Kumar also said no one has the right to violate the fundamental rights of other students.

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The court said educational institutions can be made a venue for peaceful discussions.

The judgment was delivered on a batch of petitions filed by various college and school managements against agitations on campuses disrupting the peaceful atmosphere prevailing there.

The court had earlier voiced its disapproval of political activities like dharna and strikes in educational institutions.

In 2017, the court had said if any student is found to be indulging in such activities, he or she would make himself or herself liable to be “expelled and/or rusticated.”

Gay Couple Moves Kerala HC to Strike Down Provisions of Special Marriage Act

They claim that the impugned provisions of the Act violate their fundamental rights and are thus “illegal and unconstitutional”.

Kochi: A gay couple has moved the Kerala High Court, seeking to strike down certain provisions under the Special Marriage Act, 1954, which do not permit to get their marriage registered.

Considering the writ petition by the petitioners on Monday, the court has sought the views of Central and state governments on the matter.

The petitioners, a business man and an IT professional had met each other in May 2018 and fallen in love.

After being in a relationship for two months, they decided to get married in a private ceremony in September last year.

However, the religious authorities declined to solemnise the wedding and hence the couple decided to get their marriage registered under the Special Marriage Act, 1954, which does not recognise homosexual marriages.

In their plea, the gay couple stated that it was aggrieved by the provisions of the Special Marriage Act, 1954 whereby the law provided therein only permits a heterosexual (opposite sex) couple to get married and a homosexual couple like them is denied equal access to the institution of marriage.

They claim that the impugned provisions of the Act violate their fundamental rights and are thus “illegal and unconstitutional” to that extent.

Seeking declarations in this connection and to obtain the relief for getting married under the Act, the writ petition was being moved jointly by the petitioners, who submitted that they have suffered public humiliation after they disclosed their love for each other.

But, greater is the insult and indignity the petitioners have suffered at the hands of law, which refuses to recognise their union, causing immense pain and agony to them, they said in the petition.

Noting that the impugned provisions restrict the process of application, solemnisation and registration of marriages to heterosexual couples alone and exclude homosexual couples from its ambit, the petitioners said it must be held “unconstitutional” and thus be struck or read down to that extent of illegality.

Kerala HC Strikes Down College Hostel Rule Prohibiting Mobile Use

An aided college under the Calicut University instructed female students not to use mobile phones between 10 pm and 6 am.

Kochi: In a significant verdict, the Kerala high court on Thursday held enforcement of discipline shall not be by blocking the ways and means of students to acquire knowledge, as it directed readmission of a girl student expelled from her college hostel for opposing a regulation on the use of mobile phones.

The court allowed the petition filed by the 18-year old undergraduate student of an aided college under the Calicut University, challenging her expulsion from the hostel on the grounds of unwillingness to obey the rules prohibiting inmates of girl hostel from using mobile phones between 6 pm and 10 pm.

“I am of the view that imposing such restrictions are unreasonable and therefore the respondent shall re-admit the petitioner in the hostel without any further delay,” Justice P.V. Asha said in her order.

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The judge struck down hostel rules enacted by the college preventing inmates of girls hostel from using mobile phones between 10 pm and 6 am. The court said when the Human Rights Council of the United Nations has found that right to access to internet is a fundamental freedom and a tool to ensure right to education, a rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.

As per the university regulations as well as the University Grants Commission regulations, the college is bound to run a hostel to enable the students reside near the institution in order to enable them to have sufficient time to concentrate on their studies, it said. Therefore, the hostel authorities are expected to enforce only those regulations for enforcing discipline.

Enforcement of discipline shall not be by blocking the ways and means of the students to acquire knowledge, the judge added. The hostel rules had also prevented the undergraduate students from using laptop in the hostel. The court in its order, however, made it clear that the petitioner or any other inmate shall also see that no disturbance was caused to others by usage of mobile phone in the hostel.