LAW

Supreme Court on Social Democracy and Secularism

Mrs. Valsamma Paul, Appellant v. Cochin University Are means to achieve it-Must be recognized. and others, Respondents.

WITH

Kerala Public Service Commission, Appellant v. Dr. Kanjamma Alex and another, Respondents.

K. RAMASWAMY AND B.L. HANSARIA, JJ.

Constitution of India, Preamble Social Democracy-Meaning and contents.

Social democracy means a way of life which recognizes liberty, equality and fraternity as principles of life. They are not separate items in a trinity but they form union of trinity. To diverse one from the other is to defeat the very purpose of democracy. Without equality, liberty would produce the supremacy of the few over the many. quality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things. Articles 15(4) and 16(4), therefore, intend to remove social and economic Inequality to make equal opportunities available in reality. Social and economic justice is a right enshrined for the protection of society. The right to social and economic justice envisaged in the Preamble and elongated in the Fundamental Rights and Directive their Principles of the Constitution, in particular, Articles 14, 15, 16, 21, 38, 39 and 46 of the Constitution, are to make slims the quality of the life of the poor, disadvantaged and disabled citizens of the society, meaningful.

Secularism-Is bridge between religions - Provides security to followers of all religions,

Pluralism in the keynote of Indian culture and religious tolerance is the bedrock of Indian secularism. It is based on the belief that all religions are equally good of the and efficacious pathways to perfection of God-realization, It stands for a complex interpretative process in which there is a transcendence of religion and yet there is a unification of multiple religions. It is a bridge between the religious in a multi-religious society to cross over the barriers of their diversity. Secularism is the basic feature of the Constitution as a guiding principle of State policy the and action. Secularism in the positive sense is the cornerstone of an egalitarian and forward-looking society World) which our Constitution endeavors to establish. it is the only possible basis of a uniform and durable national identity in a multi-religious and socially disintegrated society. It is a fruitful means for conflict-resolution and harmonious and peaceful living. It provides a sense of security to the followers of all religious and ensures full eivil liberties, constitutional rights and equal opportunities.

Secularism-Inter-caste marriage and adoption are means to achieve it - Must be recognized.

 Inter-caste marriages and adoption are two important social institutions through which secularism would find its fruitful and solid base for an egalitarian social order under the Constitution. Therefore, due recognition should be accorded for social mobility and integration and accordingly its recognition must be upheld as valid law.

(Source: AIR 1996 Supreme Court 1011)

Supreme Court on Succession and Inheritance in Muslim Law

(I)            Newanness alias Mewajannessa, Appellant v. Shaikh

Mohamad and others, Respondents.

K. RAMASWAMY AND B.L. HANSARIA, JJ.

Mohammedan Law - Partition - Classes of heirs - 'A' predeceasing father, leaving behind a son - Father would get 1/6th share in estate of 'A'.

Mohammedan Law Partition Claim of residuary - Widow dies leaving behind only two daughters and one full sister - Each daughter would get 1/3rd share in a estate of widow - Remaining 1/3rd shares would be taken by full sister as residuary.....

(Source: AIR 1996 Supreme Court 702)

(II)          Meethiyan Sidhiqu, Appellant V. Muhammed Kunju Pareeth Kutty and others, Respondents.

K. RAMASWAMY AND G.B. PATTANAIK, JJ.

 Muslim law Property of Muslim minor other legal guardians competent - Demise of father-No Property Guardian appointed by Court - Sale by mother who is not guardian is void.

(Source: AIR 1996 Supreme Court 1003)

Bombay High Court on Guardianship in Muslim Law

 Abdulsaftar Husen Kudachikar, Appellant v. Mrs. Shahina Abdulsattar Kudachikar, Respondent.

A.V. SAVANT, J.

Muslim Law - Appointment of a guardian of a minor - Minor son aged 5 years - Mother is entitled to custody - Mother not likely to remarry and earning Rs. 3,000/- p.m. - Father, a medical representative and was required to tour-He was also remarried - Held in the circumstances minor's welfare would be safer with his natural mother-Father allowed to visit the child during weekends and vacations - Question of taking him away during long vacations could be considered if at all, only after he completed 7 years of age.

(Source: AIR 1996 Bombay 134)

Gauhati High Court on Marriage & Guardianship in Muslim Law

 Musstt. Rahima Khatoon, Appellant v. Musstt. Saburjanessa and others, Respondents.

Smt. M. SHARMA, J.

Muslim Law - Marriage - Essentials - Any type of writing, any religious ceremony not essential - Even presence of Mullah, Kazi at the time of contact between parties can be dispensed with.

Muslim Law - Guardianship of person and property of minor daughter - Mother of said minor married another husband on death of former husband - Second marriage proved by registered document 'Kabilnama' - Such mother not entitled to said guardianship - Grant of guardianship to paternal grand-mother of minor, proper.

(Source: AIR 1996 Gauhati 33)

Andhra Pradesh High Court On Wakf Board

Sri Yusuf Qureshi and others, Appellants v. Moulana Mohammed Jamaluddin Deccani and others, Respondents.

M.N. RAO AND B. ATCHUTANANDA SWAMY, JJ.

Wakf Act (29 Of 1954)-Section 11-Wakf Board- Appointment of members - Order by Government-It can be inferred that Government was fully aware of their eligibility. Relevant file submitted to Chief Minister through Minister in-charge - Order appointing members by Chief Minister thereafter - No violation of Business Rules.

(Source: AIR 1996 Andhra Pradesh 187)

Amnesty International's Report on India, 1996 Human Rights Violations and Abuses Minority Groups

The "minority" status of a group of people can be difficult to define because ethnic, religious and cultural differences suffuse the country. Some communities are national minorities, such as Muslims, Sikhs and Christians.

But at a local and regional level, even the majority can be in a minority situation. Similarly, local power structures can mean that a community that i disadvantaged in one region may not be so in another.

Politics in India are increasingly being defined on communal grounds. The resultant inter-communal tension puts an onus on the state to provide communities under threat with protection, and to ensure the peaceful co-existence of people with ethnic, religious or cultural differences.

However, it is in situations where state interference has been called for that some of the worst violations have occurred. In the past Amnesty International has responded to reports of communal bias in policing in Bombay and in the activity of the armed forces in Jammu and Kashmir.

Also reported has been the abuses directed against Muslim communities, for example by the Provincial Armed Constabulary in Uttar Pradesh.

Secular Imperialism

(Source: AI INDEX: ASA 20/05/96 - March, 1996)

Secular Imperialism

Editorial, The Indian Express, 26 Mar., 1996

Secularism implies a strict divide between the spiritual and the temporal matters, between the church and the state-Yet another approach allows a greater role for the state in religious matters. Benign humanism attempting to reassert the dignity and freedom of man against ecclesiastical tyranny in turn becomes a totalitarian humanism unwilling to allow an autonomous space for the sacred. As it evolved in the past 500 years or so in Europe, there has been a constant tussle between the two versions of secularism. The Supreme Court judgement, upholding the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 abolishing the hereditary rights of archakas, mirasidars and gamekars, seems to favour the expansionist role of the secular state. Justice K. Ramaswamy's observation, "In view of the settled legal position that the appointment of an archaka is a secular act" reopens the  debate about the scope of secularism.

It has to be asserted that traditions and customs, unless they are inhuman and patently unjust, need not conform to an egalitarian ethic of modern jurisprudence The hereditary rights of the archakas is a customary practice, which could either fade away or be changed without state intervention. While the Andhra Pradesh Act provides for the continuance of traditional rituals of worship according to the precepts of the agamas- the texts detailing modes of worship in temples-it orders changes in the position and hierarchy of the priests. Though it is the devasthanams or the temple administration boards which are to contribute to the corpus fund out of which the salaries are to be paid, the state will remain the regulating authority. Is there any compelling need for a secular state to tamper with the priestly tradition?