News
Indian Supreme Court says society must learn to accept inter-caste, inter-faith marriages
BY S VENKAT NARAYAN
Our Special Correspondent
NEW DELHI, February 9:
The Supreme Court of India on Monday underscored the right of the adults to choose their life partner, and added that it is time society learns to accept inter-caste and inter-faith marriages without hounding the couples who marry outside their caste or religion.
A Supreme Court bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy further noted that it would “hardly be a desirable social exercise” for parents to shun their children only because they decided to marry outside their caste or community.
The judges, in their order, also emphasised the need for specific guidelines and a training module for policemen to deal with such “socially sensitive cases”, so that couples can get due protection available to them under the law should the parents lodge criminal cases against them.
The apex court noted that “educated young boys and girls are increasingly choosing their life partner on their own”, which might be viewed as a deviation by the society and the parents. But the police authorities were duty-bound to keep such couples out of harm’s way if there is no violation of the law.
(This country of 1,380 million people has 1,208 castes, and six main religions. Besides, six million people reported in the last census in 2011 that they practice other religions and faiths, including tribal religions).
The court’s comments are significant because they come in the wake of controversial laws/ordinances passed by several states ruled by India’s governing Bharatiya Janata Party (BJP). Such laws can be misused to obstruct inter-faith marriages.
The bench was hearing a case of an inter-caste marriage from Karnataka. The couple approached the top court, seeking protection from a criminal case lodged by the woman’s father.
The woman, 28, is from Karnataka while the man, 26, is from Uttar Pradesh. They fell in love while being trained for their jobs as assistant professor and lecturer in a college, and decided to get married. The woman’s parents strongly opposed this alliance. Her father filed a missing persons complaint. This was converted into an FIR at Belagavi in Karnataka.
The couple rushed to the Supreme Court for protection, which promptly stayed the first information report (FIR) by an order in December last year, and sought a response from the Karnataka government.
On Monday, advocate Subhranshu Padhi, appearing for the state government, informed the bench that the woman was yet to record her statement before at the concerned police station in Belagavi about her consensual relationship with the man concerned, and hence the investigation into the father’s complaint was still underway.
But the bench asked Padhi why the investigating officer did not accept the woman’s request to record her statement at a place of her choice so that she could feel safe.
Advocate Prabhat Kumar Rai, who represented the couple, referred to the woman’s letter to the investigating officer and various other senior police officials in Karnataka. These letters disclosed that the couple were married in October 2020; and she also sent a copy of her marriage certificate.
“The woman feared for her safety if she were to go to Belagavi for recording her statement. The right to marry a person of (one’s) own choice is an integral part of Article 21 (right to life and liberty) of the Indian Constitution,” added Rai.
Lamenting the concerned police officer’s attitude, the court said the investigating officer should receive counselling. The Karnataka government must consider conducting a training programme for all its police officers to sensitise them about such cases. The bench observed that it is desirable for all the police departments to lay down guidelines for handling such cases.
The highest court in the country regretted that the parents of the woman opposed the choice of their daughter even though both the man and the woman were highly qualified, independent professionals and Hindus, but not of the same caste and not from the same state.
Quashing the FIR, the bench stated that once two adults choose to be with each other and have a consensual relationship, they cannot be made accused in a criminal case only on account of their parents’ refusal to accept their relationship.
“We hope that the parents of the petitioner no.1 (woman) will have better sense and accept the marriage to re-establish social ties with their daughter and her husband. That, we think, is the only way forward,” recorded the court in its order.
At least five BJP-ruled states—Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka and Gujarat have either passed laws, or are mulling laws designed to prevent “forcible conversions” through marriage, commonly referred to as “love jihad” laws.
The law in Uttar Pradesh, approved on November 28 as the Prohibition of Unlawful Religious Conversions Ordinance, includes provisions against “unlawful religious conversion,” declares a marriage null and void if the sole intention was to “change a girl’s religion.” The UP police made 35 arrests, and filed a dozen FIRs in the first month after the ordinance was passed.
The UP ordinance and the law in Madhya Pradesh passed last December propose sentences of up to 10 years in prison for those who break the law.
On January 6, the Supreme Court agreed to hear petitions challenging the constitutional validity of the laws passed in the name of love jihad. A bench headed by Chief Justice S A Bobde refused, however, to stay the controversial provisions of the laws and issued notices to both state governments on two different petitions.The pleas, filed by advocate Vishal Thakre and others and an NGO ‘Citizen for Justice and Peace’, have challenged the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018 which regulate religious conversions of inter-faith marriages.Senior advocate C U Singh, appearing for the NGO, said some provisions of these laws are “oppressive and horrible” in nature and require prior consent of the government to marry which is “absolutely obnoxious”, Singh added.
The plea ‘Citizen for Justice and Peace’ said that both the legislations violate Articles 21 and 25, as it empowers the State to suppress an individual’s personal liberty and the freedom to practice religion of one’s choice.
News
Government’s objective is to ensure the continuous functioning of the country’s economic activities and essential services through effective energy management – President
President Anura Kumara Dissanayake stated that, in light of the challenges that have arisen due to the prevailing conflict situation in the Middle East, plans are being implemented to manage energy resources effectively while ensuring the uninterrupted continuation of the country’s economic activities and essential services.
The President made these remarks while participating in a discussion held on Monday (16) afternoon at the Presidential Secretariat to review the immediate measures required to ensure the country’s energy conservation and maintain the uninterrupted functioning of economic activities and essential services, in view of the current disruptions affecting energy supply.
During the discussion, which was attended by the relevant Ministers and Ministry Secretaries, special attention was focused on the measures required to ensure the uninterrupted continuation of public services in light of the prevailing situation.
Extensive discussions were also held on alternative methods that could be adopted in maintaining the operations of government offices. In this context, attention was drawn to the possibility of limiting energy consumption while continuing essential services by granting a one-day holiday for the public service.
Particular attention was also given to examining alternative measures that could be adopted to ensure the continued provision of services with minimal energy consumption, taking into account the specific nature and practical requirements of sectors such as education, health, tourism, fisheries, industry, agriculture, ports and shipping, airport services and digital services.
The President instructed a committee, comprising Ministry Secretaries and sectoral experts, to submit a report by the end of today to determine the fuel allocation required to maintain services in the key sectors.
In addition, the discussion highlighted the importance of making ministerial-level decisions regarding the practical feasibility of performing official duties from home under such circumstances. It was proposed that decisions on summoning officers to their workplaces be delegated to the heads of institutions and that appropriate methods be adopted to ensure the uninterrupted continuation of services.
In view of the prevailing situation, the President paid special attention to the challenges faced by farmers in the agricultural sector and by small and medium-sized industrialists in the industrial sector.
The President further emphasised that, in the current circumstances, the contribution and commitment of all are essential to minimise the potential impact on the country’s economy, while noting that certain groups may be provided with assistance through relief measures.
It was noted that the introduction of the QR system is intended to manage daily fuel consumption in response to the ongoing challenges. This system will allow for the daily analysis of fuel allocations, emphasising the importance of releasing fuel in a manner that safeguards the country’s energy conservation while supporting economic and service activities.
The discussion also highlighted the importance of using the QR system in an orderly manner during fuel distribution and the need for each Ministry to promptly provide all necessary data to the Ministry of Digital Economy. Accordingly, it was proposed that the relevant Ministries, together with the legally recognised petroleum institutions, work to further streamline the QR system.
In addition, it was proposed to temporarily suspend state celebrations in light of the prevailing situation and to establish a procedure for informing the private sector of any further measures the Government intends to take in this regard.
Prime Minister Dr. Harini Amarasuriya, Minister of Foreign Affairs, Foreign Employment and Tourism Vijitha Herath, Minister of Trade, Commerce, Food Security and Cooperative Development Wasantha Samarasinghe, Minister of Health and Mass Media Dr. Nalinda Jayatissa, Minister of Public Administration, Provincial Councils and Local Government Professor A.H.M.H. Abeyratne, Minister of Labour and Deputy Minister of Finance and Planning Dr. Anil Jayantha Fernando, Minister of Industries and Entrepreneurship Development Sunil Handunnetti, Minister of Transport, Highways and Urban Development Bimal Ratnayake, Secretary to the President Dr. Nandika Sanath Kumanayake, Governor of the Central Bank Dr. P. Nandalal Weerasinghe, Senior Advisor to the President on the Digital Economy Hans Wijesuriya, Senior Economic Advisor to the President Duminda Hulangamuwa and a group of officials, including the Secretaries of the relevant Ministries, participated in the discussion.
News
UN resolution on Iran ‘unbalanced’: FM Herath
Zuhair castigates sponsors who failed to condemn aggressors
Foreign Minister Vijitha Herath said that the recently adopted United Nations Security Council (UNSC) resolution that strongly condemned Iran for, what it called, “egregious attacks” on its regional neighbours, was not fair as it did not make reference to Israeli-US initiating the latest conflict.
Herath said so in response to The Island query. He said that the government wouldn’t support country specific resolutions. Minister Herath described the resolution, adopted by a vote of 13 in favour, none against, and two abstentions (China, Russian Federation), as unbalanced. Sri Lanka refrained from co-sponsoring the resolution that had the backing of nearly 140 countries. Both India and Pakistan co-sponsored the resolution.
The JVPer reiterated that both sides should cease attacks and deal with the developing situation in terms of the UN Charter.
The Council condemned, “in the strongest terms,” Iran’s attacks against Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates and Jordan and reiterated its strong support for those countries’ sovereignty, territorial integrity and political independence.
Former Sri Lanka’s Ambassador in Iran, M.M. Zuhair, PC, said that those who co-sponsored the controversial resolution, and the UNSC that adopted it, conveniently failed to take into account unprovoked Israeli-US attack on Iran and the killing of over 1,400 civilians, including nearly 160 children and staff at a girls’ school. The former lawmaker said that the UN Security Council had failed in its fundamental duty to prevent or end the Israeli-US joint aggression on Iran or, at least, to condemn the unprovoked military action.
By Shamindra Ferdinando
News
Japan provides grant for reinforcement of Cyclone Ditwah damaged bridge
Japanese ambassador in Colombo Akio Isomata on 16 March signed a grant contract for reinforcing a bridge in Buttala under the scheme of “Grant Assistance for Grassroots Human Security Projects (GGP)”. The contract was signed with Ven. Nagolle Nandaratana, Chairman of DIMUTHU Community Development Society.
The text of the Japanese embassy press release: “The Government of Japan has provided USD 25,432 (approx. LKR 7.8 million) for a project implemented by the DIMUTHU Community Development Society. This grant will fund urgent reinforcement of the bridge abutments which were damaged by Cyclone Ditwah, and construction of retaining walls to safeguard the bridge, which ensures safe access of 3,200 residents to education and healthcare services.
Emphasising Japan’s focus on strengthening institutional frameworks to address natural disasters in Sri Lanka, Ambassador ISOMATA remarked: “As Sri Lanka moves on to the phase of recovery and reconstruction, Japan remains steadfast in its resolve to stand by the people of Sri Lanka”. Ambassador also said: “The project for which we signed today will not only contribute to the recovery and reconstruction of areas affected by Cyclone Ditwah and socio-economic development of the country, but will also stand as an enduring symbol of the unwavering friendship between the peoples of Japan and Sri Lanka.”
Commenting on the receiving of this grant assistance, Ven. Nagolle Nandaratana, Chairman of DIMUTHU community Development Society, stated, “Japan and Sri Lanka share a beautiful, long-standing friendship. Beyond just development, we’ve always admired the Japanese way of doing things—with precision, discipline, and kindness. This approach has truly been our guide in making our past collaborations, like our water projects and community buildings, such a lasting success.
Special thanks to the Ambassador, the hardworking Embassy team, and our coordinator for making this happen. “
Since 1989, Japan has been providing a total of USD 62 million in assistance for Sri Lanka through the GGP (Grant Assistance for Grassroots Human Security Projects) scheme.”
-
Business6 days agoBOI launches ‘Invest in Sri Lanka’ forum
-
News5 days agoHistoric address by BASL President at the Supreme Court of India
-
Sports5 days agoThe 147th Royal–Thomian and 175 Years of the School by the Sea
-
Sports6 days agoRoyal start favourites in historic Battle of the Blues
-
News6 days agoCEBEU warns of operational disruptions amid uncertainty over CEB restructuring
-
Features6 days agoIndian Ocean zone of peace torpedoed!
-
News5 days agoPower sector reforms jolted by 40% pay hike demand
-
News3 days agoCrypto loopholes funnel Lankan funds abroad
