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Category: Human Rights

Mehr (Dower) Muslim Law

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Mehr (Dower) Definition, Nature and Importance of Dower (Mahr) “Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage” Mulla. According to K.P. Saxena “Dower is a sum of money or any property promised by the husband to be paid or delivered to the wife as a mark of respect for the surrender of her person after the marriage contract but generally said to be consideration for marriage.” Further, In Saburannessa v. Sabdur Sheikh, [(1934) Justice Mitter remarked: The marriage under Muslim law is a civil contract and it is like a contract of sale. But the notion of dower given above is not correct. Fitzgerald says: “It would be incorrect to describe the Muslim dower purely as the bride’s price.” Baillie says, under Muslim Law ‘dower is an obligation imposed upon the husband as a mark of respect to the wife.’ Abdur Rahim rightly says, “It is not a consideration proceeding from the husband for the contract of marriage, but is an obligation imposed by the law on the husband as a mark of respect for the wife as is evident from the fact that the non-specification of dower at the time of marriage does not affect the validity of marriage.” (Muhammadan Jurisprudence, p. 334). Hedaya says that “the payment of dower is enjoined by the law as a token of respect for its object, the woman.” Further unlike sale, dower is not given to anyone except to the women herself. Object of Dower The object of dower is three-fold: to impose an obligation on the husband as a mark of respect of the wife; to place a check on the capricious use of divorce on the part of husband; and to provide for her subsistence after the dissolution of her marriage, so that she may not become helpless after the death of the husband or termination of marriage by divorce. Subject matter of dower A handful of dates (Abu Daud). A pair of shoes (Tirmizi). If the husband is a slave, his services to his wife (Mohit Sarkhsee). The services of the husband’s slaves to the wife (Fatawa-i-Alamgiri). Husband’s services rendered to the guardian of a minor wife (Durrul Muktar). Teaching Koran to the wife (Tradition). In fact, the main contention of the Muslim jurists is that anything which comes within the definition of property can be the subject-matter of dower. Minimum and Maximum Amounts of dower Minimum – Hanafis 10 dirhams Malikis – 3 dirhams. Shafiis No minimum. Shias. No minimum. Maximum amount can be any amount without any upper limit. Among some of the sects of Shias, however, there is a tendency “not to stipulate for a sum higher than the minimum fixed by the Prophet for his favourite daughter Fatima, the wife of Ali, namely 500 dirhams. Amounts of dower and conditions of payment. If the marriage is consummated, and is dissolved by death: (a) whole of the specified dower or in case of regular marriage. (b) proper dower if unspecified, (c) specified or proper dower, which is less, in the case of irregular marriage. if the marriage is not consummated, and is dissolved by the act of party. (i) When divorced by the husband– (a) half of the specified dower, or (b) a present of three articles, if unspecified – in case of regular marriage (ii) When divorced by the wife: No dower, (iii) If the marriage is irregular: No dower   Kinds of dower Broadly, there are two kinds of dower: specified (Mahr i Musamma) and unspecified (proper or Mahr i Misl). The specified dower has been further divided into: (a) Prompt (Mahr Muajjal) and (b) Deferred (Mahr e Muwajjal) (i) Specified dower.- An amount settled by the parties at the time of marriage or after, is called specified dower. If the bridegroom is minor, his father may settle the amount of dower, Hanafi Law says that the father is not personally liable for the dower, but according to Shia Law, he will be so liable. Prompt and Deferred dower.-Prompt dower is payable on demand, and deferred dower is payable on the dissolution of marriage by death or divorce. The prompt portion of the dower may be realised by the wife at any time before or after consummation, but the deferred dower could not be so demanded. In the case where it is not settled how much of the dower is prompt and what part of it is deferred, the Shia Law holds that the whole of dower is prompt; the Sunni Law, however, holds that only a part is prompt. This part is to be fixed with reference to (i) custom, or (ii) the status of the parties, and (iii) the amount of settled dower. Unspecified dower.-In such cases where dower has not been settled at the time of the marriage or after, it is fixed with reference to the social position of the wife’s family and her own personal qualifications. Help would be taken by taking into account the amounts of dower fixed in case of wife’s sisters, paternal aunts, etc., and according to the Hedaya, the wife’s age, beauty, intellect and virtue will also be considered. Such dowers are called mahr-ul-misl. One aspect of dower beneficial to the Muslim woman is that even where the parties to the marriage have not stipulated any dower, the husband remains under an obligation to pay it.   Remedies in case of non-payment of Dower The rights which dower confers on the wife are threefold : Refusal to cohabit. Right to dower as a debt. Retention of husband’s property. Refusal to cohabit. Before consummation, the wife is entitled to refuse to live with her husband and refuse to him sexual intercourse so long as prompt dower is not paid to her. In a suit for restitution of conjugal rights by the husband, the non-payment of prompt dower is a complete defence if the marriage is not consummated. If the wife…

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Human Rights, judiciary, Law, Legal, Uncategorized

Police Brutality

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Police Brutality This article tries to highlight police brutality, which is when the police use excessive force because police brutality seriously violates human rights. It can be said that society is impacted by the police’s harshness, cruelty, and ruthlessness towards helpless and vulnerable people. The state’s most powerful and in charge branch of government is the police. They are employed to help those in need, settle disagreements and disputes, assist the weaker groups, offer security and recourse, and uphold law and order in the community, but officers abuse their authority. The history of Indian police will be discussed in this article, including how it first developed and its current structure. Further articles describe an analysis of police behavior in which ways police misuse their power or which type of excessive or physical force is used by the policeman. The article also focuses on police brutality laws, controls, and police complaint procedures. Introduction The word police are derived from the Latin word “Politia”, which means state or administration. The Police Act, of 1861 defines the term police in section 1 as “police” includes all persons who shall be enrolled under the Act. The word brutality is derived from the French word “Brutal” which means severity, harshness, or fierceness. It is the psychological or physical intimidation of innocent people through a variety of tactics, such as unlawful detention, torture, abuse, physical assault, etc. The police’s roles and responsibilities include serving the community, reducing crime, upholding the rule of law, settling interpersonal issues, etc. When people disobey the law and order, the police may use excessive force to quell the violence, which is when police brutality happens. Sometimes it is based on racial discrimination means discrimination against any person based on caste, creed, region, religion, sex, etc. Police brutality can be mental, physical, verbal abuse racial profiling, and false imprisonment. There are so many nations with laws against police brutality. Although it is considered a serious infraction, there are still many instances where citizens’ or victims’ complaints never even get to the point of an investigation. Historical Background Of Police In India The pre-19th-century background of the police in India will be covered in this essay. The notion of a separate regular police force did not exist throughout the British era, and the relevant period was immediately following the creation of the rule. Warren Hastings initiated several laws for police reforms in 1774 during the Company’s authority, which subsequently culminated in the Police Act of 1861. The execution of the recently constituted Sindi territory was given to Sir Charles Napier. To capture this dangerous and crime-ridden area, he reorganized the local police apparatus, ensuring that it would provide the required outcomes and operate as intended. After independence, Sardar Vallabhbhai Patel, the first Union home minister, recognized the importance of civil services in India, and the Islington Commission Report first referred to it as the Indian Police Service in 1917. Numerous acts were passed after independence, including the CRPF Act, of 1949, The Kerala Police Act, of 1960, and The Mysore Police Act, of 1963, etc, were promulgated. In 1951 the All India Services Act was enacted constituting an All India Service known as the IAS and IPS. Read Also Freedom Of Speech Kinds Of Police Brutality Illegal Detention The term “illegal detention” describes constraints placed on a person by police officials acting within the scope of their legally recognized authority to administer the legal process but without any legally recognized justification, such as a valid arrest warrant, reasonable suspicion, or permission. It is also known as a false arrest or detention. Racial Discrimination Racial discrimination is when police officers treat poor people unfairly or illegally based on factors such as caste, creed, color, gender, sex, religion, age, region, etc. Police personnel reject complaints from people of lower castes. Sexual Harassment When police officers act improperly or abuse their authority by physically, verbally, or orally assaulting somebody, it is known as sexual harassment. It refers to any victim or prisoner being harassed illegally. For example, sexual assault during a late-night traffic stop, and coercive, rape by a corrections officer. Wrongful search and seizure In many common and civil law legal systems, wrongful search and seizure refers to the practice of police officers or other authorities and their agents searching a person’s property while under suspicion of committing a crime and seizing any evidence they find that is connected to the crime. Only a few nations’ constitutions include clauses guaranteeing people’s freedom from “wrongful or unreasonable searches and seizures.” The main premise of this right is that everyone has a legitimate right to privacy. Laws Related To Police Brutality The organization is recognized by the constitution as a quasi-federal body that is specified in Article 246 and listed in the State List of the Seventh Schedule and it is outside the scope of the state’s particular government’s authority to enact laws governing the police in that state. But policing directives are entirely federal. The Indian Police Act of 1861 governs the country’s police administration. This act has been passed by 28 Indian states and 8 union territories. After all, there are numerous contradictions or issues in the Indian police system. There Are Mainly Three Types Of Laws Under Which A Case Can Be Filed Against Police Brutality Public Law Criminal Law Private Law In this article, we will deal with two laws i.e., Public and Criminal law because most cases are filed under these two laws. Public law The Indian Constitution is where public law for police administration first appeared. In the third part of the constitution, which addresses violations of fundamental rights, the courts have consistently held the police force and the state accountable for excessive force under public law and assessed damages and punishment against both the state and police officers. Criminal law Under Sections 197 and 132 of the Criminal Procedure Code, police systems are liable to be protected from unjustified allegations. The Criminal Procedure Code, which was passed in 1973, provides procedural safeguards to police…

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Criminal Law, Human Rights, Indian Constitution

Child Labour

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Child labour Though it is believed that Children are the incarnation of God the reality seems to be different. In today’s world, one can easily observe the exploitation of Children anywhere. Child labour is the term used to describe the involvement of Children in any type of economic job that can even ruin their happy Childhood and hamper their education, learning and skill development. Child labour exposes Children to harsh exploitation, trapping them in a cycle of poverty, illiteracy and deprivation. It snatches all the opportunities for a Child to be successful. It may also force him to use unethical and unlawful methods. In our daily life, there are innumerable instances of Child labour that we may see. Even many of us are encouraging this practice in one way or another. The inevitable reason behind this is poverty. A Child is forced to work to earn decent wages to survive due to poor living conditions. As the Children‘s needs and wants are not as much as compared to an adult and because of their naivety, businessmen and factory-owners can simply hire them as a labourer at very low wages. History It is not a brand-new concept. Its origin dates back to ancient times, as the exploitation of Children as slaves was also recorded in the Arthashastra of Kautilya. Children used to work in fields in rural and agricultural areas to help and support their families by sharing the family burden. This phenomenon was suddenly sparked by the industrial revolution in the 18th century which resulted in the employment of many Children in economic and productive jobs. Causes of Child labour Following are the main causes of Child labour:- Poverty- Child labour is primarily caused by poverty. It forces innocent Children to participate in such economic activities where they must work to support their families and ensure their survival. A Child gets caught in poverty’s vicious cycle along with other factors like illiteracy. Lack of Education Another significant factor contributing to Child labour is illiteracy. Many Children are denied access to their basic education despite having a fundamental right to it under 21A of the Indian constitution. In many villages, parents choose to have their kids working in the field rather than sending them to school which makes it difficult for them to learn fundamental concepts and develop their skills. As a result, they are unable to find better employment opportunities in the future. Lack of general awareness  While being employed, Children are unable to explore their world. They lose their joyful Childhood. Generally, Children who live in rural or backward areas are unaware of their rights i.e. right to education, etc. and start to earn from an early age instead of studying and learning. Uneducated parents are also unaware of welfare schemes initiated by the government for the welfare of Children. Social Backwardness Socially and economically backward families are unable to send their children to schools. The cost of their Children’s education is beyond their means. Consequently, Children remain trapped in this cycle. Preference for cheap labour Due to their innocence and lack of fantasies, Children readily agree to work for extremely meagre wages. Greedy employers, shopkeepers, business owners, etc. employ Children because they have to pay less. In search of cheap labour, they prefer to employ more Children. Non-compliance of laws Children have several rights under the law, such as the right to education and the government is also required to frame its policies to ensure that its citizens’ health and education come first. Several laws are also created to outlaw certain practices, but their enforcement fails to accomplish the intended results due to poor compliance. Family Tradition The sad bitter truth is that some families pass on Child labour as a tradition or habit, which is influenced by cultural and traditional family norms. many families believed that a good life was not their destiny and the tradition of labour was the only means of their subsistence. They also think that this will make their children more responsible and wiser in the future. Small business owners also destroy the lives of their Children in their shield to continue their family business with lower production costs. Additional reasons for Child labour People frequently migrate from place to place in search of better jobs and other necessities. They have no option of sending their kids to school rather they prefer them to work to earn some living. Constitutional provisions regarding the welfare of Children Six essential fundamental rights are guaranteed by our Indian constitution which is enshrined in Part III also referred to as the “Magna Carta of Indian Constitution”. The right against exploitation (Art. 23 & 24) is one of these rights. According to Article 24 of the Indian constitution, no Child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Earlier it was only directive principles for the state to design its policies and programmes in such a way that Children‘s health and education received enough attention and sufficient priority under Articles 39 & 45 respectively. Later on, a new Article i.e. Article 21A(Right to Education) was inserted by the 86th Constitutional Amendment Act, 2002 which made it a fundamental right in itself along with being one of the DPSPs. Article 21A reads that the State shall provide free and compulsory education to all Children of the age of six to fourteen years. Legislative Provisions for the Prohibition of Child labour Since the country’s independence, the government has taken several actions to stop the practice of Child labour. The Gurupadswamy committee was appointed in 1979 by the central government to submit its report regarding the causes of Child labour and essential ways to eliminate it. The committee found that the main reason behind Child labour was poverty. Based on its findings and reports, the central government enacted the Child Labour (Prohibition and Regulation) Act,1986 which prohibited the engagement of Children up to fourteen years…

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Criminal Law, Human Rights, Indian Constitution

Breach Of Human Rights

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      Breach Of Human Rights Here we talk about human rights, all human beings are born free and equal in dignity and rights. In these Human rights, some rights are also included as the rights to life and liberty, freedom of opinion and expression, right to freedom of speech right to work and education, and many more. Every human being has these rights by birth. In India, every citizen of the country has six fundamental rights by birth which are given by the constitution. And no one has the right to breach someone’s rights. But somewhere, in today’s time period, many kinds of cases exist in a society where people of the minority are restrained by the majority to freely live their lives and enjoy their rights. Introduction When we talk about human rights, we should know about what is human rights and how many kinds of rights human beings have. Every human being has 30 kinds of human rights which are defined by the Universal Declaration of Human Rights. Fundamental rights are also included which are given by the constitution of India to every citizen of India. Fundamental Rights Right To Equality The right to equality (Articles 14 to 18 ) prohibits inequality on the basis of caste, religion, place of birth, race, and gender. It ensures equal rights for all citizens. Right To Freedom These rights (Article 19,20,21A,22 ) are freedom of speech, freedom of expression, and freedom of movement throughout the territory of our country. Right Against Exploitation Right against Exploitation (Articles 23 and 24) concerns human trafficking. Cultural And Educational Rights (Articles 29 and 30 ) Cultural rights protect the rights of cultural religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc. Right To Constitutional Remedies The right to constitutional remedies (Articles 32 to 35 ) empowers the citizens to move to a court of law in case of any denial of the fundamental right. The Preamble Of The Constitution Of India also mentions these factors like, justice, Liberty, Equality, and Fraternity to secure all its citizens. But nowadays we can see in some places minorities‘ rights are violated by the majority. like In some places people of scheduled caste and scheduled tribe are restricted from going to religious places by uppercast people There are lots of cases like these in India, including the whole world. Background When we go into the debate on this kind of topic or subject, landmark judgments play a wide role in understanding the history behind it. These judgments opened up the scope for changes in the context of the future. A recent hijab ban case and a meat ban case are some of them. In these two cases, minorities claimed that their fundamental rights were violated by the majority & authority of India. AISHAT SHIFA VS. THE STATE OF KARNATAKA & ORS. On January 1, when some Muslim students of a college in Karnataka’s Udupi were not allowed to attend classes wearing a hijab as the dress was against the prescribed, norms of the college. In this case, Karnataka High Court bench gave references to many landmark judgments where the word ‘ SECULAR ‘ has been defined. The word Secular means that the citizens have complete freedom to follow and practice any religion. The word ‘ SECULAR ‘ after being added in the preamble was also considered but a three-judge bench judgment of this court reported as Ziyauddin Burhanuddin V. Brijmohan Ramdas Mehra & Ors. This court was considering an appeal against the setting aside of the election of the appellant under The Representation Of People Act, 1957 to the Maharashtra state assembly on the grounds of speeches made by him in the course of the election campaign The term ‘SECULAR’ was also considered by a nine judges bench of this court reported as R Bommai & Ors V. Union Of India & Ors. The court held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule. In this context, Muslims also gave references to the Quran’s Ayah in which the importance of hijab is mentioned. The Quran says “ And not display their beauty except what is apparent and they should place their khumur over their bosoms ’’ (24:31). ‘Khumur means the veil covering the head ’. The second verses is “ O Prophet, say to your wives, your daughter, and the women of the believers that they should let down upon themselves their jalabib.’’ (33:59).’ jalabib means a loose outer garment, as wide dress.’ Meat Ban Case The recent controversy over a ban by a local mayor on selling Meat Over nine days during a Hindu religious festival in India’s Capital is illegal and violates the constitution, our research found. similar attempts made over the last decade in five other states have been struck down by the courts. The ban is, essentially, some argue, a majoritarian writ. the people of the minority said that this act violated their fundamental right, the right to freedom which is inherent in (Art. 19, 20, 21& 22). Observations Of Breach Of Human Rights All human beings have human rights which ensures freedom for all human beings in an equal manner. when we talk about equality before the law it’s required to ensure equality to every citizen in an equal manner. the word ‘ SECULAR ’ mentioned in the Preamble Of India defines India as a secular country where every citizen has the right to follow their religion freely and they are free to practice any religion. The people should also know this thing that when they talk about their fundamental rights they should also respect another ‘s rights. Conclusion The debate on this subject concluded that the Breach of human rights is an infringement of the Constitution. Where there people of the country have no right to freedom then, that state becomes a tyrant….

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Human Rights, Indian Constitution