[Advaita-l] Fwd: {UnitedHinduFront} Judicial imposition of Muslim law on Hindu girl - darkest day in India’s Legal History

balu davey baludavey at gmail.com
Sat Jan 9 19:58:56 CST 2010

---------- Forwarded message ----------
From: balu davey <baludavey at gmail.com>
Date: 10 Jan 2010 07:27
Subject: Re: {UnitedHinduFront} Judicial imposition of Muslim law on Hindu
girl - darkest day in India’s Legal History
To: Sudhir-Architect <arsudhirkumar at gmail.com>

Pranams. People shed crocodile tears over conversions and Religious
fundamentalism which may lead to terrorism. What average person in India
needs are food,shelter and knowledge;while first two are for the body  the
third requisite   knowlede is for blissful living which is poles apart from
animality.True and compassionate Gurus start Hostels to take care of the
first two and Shatralyas for the third requisite. They proclaim that only
after meeting the bare miimum  requisites one can proceed for the third one
i.e., knowledge. One such attempt is made by Poojya Swamiji Dayanandaji
Maharaj. When His Holiness launched AIM for seva (All India Movement for
Seva) His message was clear - just helping the navenots with the basic
necessities  to begin with and  to   AIM at imparting  knowledge including
Self Knowledge.It is really difficult for an average person to dive fully in
such movement/s; but one can really play second fiddle to His Holiness,
spearheading such a Good Movement,  with donations and involvement to the
extent  possible.   2010/1/9 Sudhir-Architect <arsudhirkumar at gmail.com>

>  Judicial imposition of Muslim law on Hindu girl
> *News Today
> *
> *V Sundaram*
>  When 2 or 3 years ago, the *Supreme Court of India passed what I
> considered to be a patently illegal and unconstitutional order in a specific
> case*, I wrote an article in these columns under the title ‘*The darkest
> day in India’s Legal History’*.
> I am constrained to use the same words again in respect of a blatantly and
> patently illegal order recently passed by the Calcutta High Court. *It is
> a matter of national shame for all the Hindu women of India that the
> Calcutta High Court on 17 December 2009 granted the anticipatory bail plea
> of a 26-year-old youth from Murshidabad who had been accused of kidnapping
> and marrying a 15-year-old Hindu minor girl.
> One Sairul Sheikh, a resident of Bakultala in Behrampore, has been accused
> of kidnapping and forcibly marrying a Hindu minor girl called Anita Roy.
> Anita’s mother Jyotsna had lodged a complaint with Behrampore Police Station
> that her daughter had been missing since 14 October. On 15 October, she came
> to know that Sairul Sheikh had ‘kidnapped and married’ her minor daughter.
> *
> *A Division Bench of the Calcutta High court consisting of Justice Pinaki
> Chandra Ghosh and Justice S P Talukdar allowed Sheikh’s plea after his
> lawyers submitted that the marriage was legal under Muslim Personal Law.*
> *Holding the marriage to be legal, the Bench Calcutta High Court granted
> Sheikh’s anticipatory bail application. *
> Even if* Sairul Sheikh* had married a minor Muslim girl then he would have
> been entitled to the full benefit of Muslim Personal Law. But he has no
> right to impose that Islamic law upon the Hindu men and women of India in
> general and Hindu minor girls in particular. He cannot claim kidnapping of a
> Hindu minor girl or rape of a Hindu minor girl as a legitimate ‘minority
> right’ under the Indian Constitution!!
> The *Calcutta High Court* *has given a new and twisted illegal
> interpretation* to *Muslim Personal Law*. By denying legitimate legal
> relief to the Hindu minor girl Anita and her mother Jyotsna under *The
> Child Marriage Restraint Act, 1929 *(*Courtesy: *Website of Ministry of
> Women and Child Development, GOI *http://wcd.nic.in/cmr1929.htm*)*, *the
> Calcutta High Court has made the Hindus of India stateless non-persons
> similar to the status of non-Muslims in Saudi Arabia.
> The standard legal dictum is that no citizen can legally claim ignorance of
> law as an excuse for violation of laws of the land. What is applicable to an
> individual is equally applicable to all our Courts of Law as well. In this
> context let me invite the attention of the *Calcutta High Court *to the
> following provisions of *The Child Marriage Restraint Act, 1929 (19 of
> 1929)*:
> *Section 2* : Definitions — In this Act, unless there is anything
> repugnant in the subject or context:
> (*a*) “*Child*” *means a person who, if a male, has not completed twenty
> one year of age, and if a female, has not completed eighteen years of age*;
> *Section 4* : *Punishment for male adult above twenty one years of age
> marrying a child — Whoever, being a male above twenty one years of age,
> contracts a child marriage shall be punishable with simple imprisonment
> which may extend to three months and shall also be liable to fine*.
> *Sairul Sheikh*, the accused in this case as per *Muslim Personal Law* is
> patently guilty of blatant violation of *Section 4* of *The Child Marriage
> Restraint Act, 1929*. Any special Islamic privilege he might have under
> Muslim Personal Law cannot be invoked under this Act when the offence is
> committed against a Hindu minor girl.
> Moreover, In my opinion, having kidnapped a Hindu minor girl (who has
> nothing to do with Muslim Personal Law) and forcibly marrying her, Sairul
> Sheikh has opened himself to the charge of committing the rape of a minor
> girl under the Indian Penal Code.
> Here the words of the great *American Chief Justice Felix Frankfurter* are
> very relevant: “*Judges as persons or Courts as institutions are entitled
> to no greater immunity from criticism than other persons or institutions.
> Just because the holders of judicial office are identified with the
> interests of Justice they may forget their common human frailties and
> fallibilities. … Therefore Judges must be kept mindful of their limitations
> and of their ultimate public responsibility by a vigorous stream of
> criticism with candour however blunt.” *
> When I was discussing the kidnapping case of *Anita* with one of the
> leading Hindu women social workers of Chennai, she jocularly exclaimed: ‘My
> way of joking is to tell the brutal and bitter truth about the Hindu women
> of India today and more particularly Hindu minor girls. The stupid
> self-absorbed attitude of most Hindu women today seems to be this: “*I
> have had no problems whatsoever so far from the Muslims’*.
> *Jagmohan Singh Khurmi,* a fearless writer, has written a brilliant essay
> titled *‘Islamic Lust for Hindu Women: Psychological Warfare’.* Let me
> quote his hilarious and yet sobering words here: “*If these silly
> Bollywood Hindu filmmakers think that they are actually building “secular
> bridges” by portraying a Muslim hero riding a Hindu woman, then they are
> in error. They fail to understand Islamic mindset. Even if you make all the
> Muslims in India superstars, in Pakistan this will not be accepted as a sign
> of Hindu benevolence or even a gesture of genuine ‘Congress secularism’ but
> as an explicit evidence of Hindu inferiority and Islamic superiority! Such
> is their contempt for all things Hindu*.’
> One woman journalist *TAVLEEN SINGH*, known for her pro-Islamic stand and
> who at times went so far as to even justify Islamic terrorism, once got
> inside the Islamic house of the fanatic *Dar-ul-Uloom* at *Deoband* *and
> for the first time in her life *discovered the real nature of *Islam *for
> herself! To her horror she found that it was millions of light-years away
> from the rosy imagery *Khushwant Singh* and *Romila Thapar* had taught her
> for years. After a few minutes *Tavleen Singh* came out stamping her feet
> in fury. She was so angry that she wrote her next article under title: ‘*If
> this is what secularism means, give me Hindutva’*.
> Finally, I cannot help quoting the beautifully apt words of *Koenraad Elst
> *: ‘*One of the most painful aspects of Muslim demographic warfare is the
> open attempt by Muslims to grab non-Muslim girls to use them for their own
> demographic ambitions, meanwhile also inflicting a good dose of humiliation
> on the accursed kafirs. In Bangladesh and in Muslim-majority areas inside
> India, this often takes the form of simply kidnapping girls, or of
> threatening their families to marry them out to Muslims.’*
> *(The writer is a retired IAS officer)
> e-mail the writer at* *vsundaram at newstodaynet.com*<vsundaram at newstodaynet.com>
> --
> Thanks & Regards,
> Sudhir Srinivasan
> | Architect |
> --
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