Indian Politics and Democracy


SC isn't wrong per se. As per the Indian Constitution , girls 16 & above can marry under the Muslim personal law. You want to abolish child marriage defining a child as anyone below the age of 18 you either amend the Muslim personal law or bring in the UCC.

Now here's where things get interesting & brings out the inherent dual nature of our judiciary. A number of High Courts across the land have upheld the primacy of POCSO over such personal laws thereby awarding convictions to people accused under its provisions. Some of these cases will doubtless land up in the SC & they have .

The last I heard about it is that the SC is combining all such cases to be heard by a large bench constituted by the CJI though I can't remember this bit of news as in whether it's speculation on part of the author or it's actually the case.

How the SC rules will be interesting to see . Sections of the legal community will see it as another instance of the majesty of the law where such glorious multiple interpretations in terms of judgements of cases sharing a common origin but brought to courts under vastly different sections of the CrPC are not in the least unusual.

Critics will see it as another instance of Milaudas running amok ruling not by the law or by "applying their minds to it " but solely on the basis of their whims & biases. Both sides are right & wrong in their assessments in their own ways.
 

You were right about greens being pro at tactics but bad at strategy lol.




Milaards staying within their aukat and passing the ball to the Govt.
Since they don't want to offend the Samudaay Vhishesh, otherwise they freely intrude upon the Govt's domain by their (((interpretations))) and (((striking down))) of laws
 
SC isn't wrong per se. As per the Indian Constitution , girls 16 & above can marry under the Muslim personal law. You want to abolish child marriage defining a child as anyone below the age of 18 you either amend the Muslim personal law or bring in the UCC.

Now here's where things get interesting & brings out the inherent dual nature of our judiciary. A number of High Courts across the land have upheld the primacy of POCSO over such personal laws thereby awarding convictions to people accused under its provisions. Some of these cases will doubtless land up in the SC & they have .

The last I heard about it is that the SC is combining all such cases to be heard by a large bench constituted by the CJI though I can't remember this bit of news as in whether it's speculation on part of the author or it's actually the case.

How the SC rules will be interesting to see . Sections of the legal community will see it as another instance of the majesty of the law where such glorious multiple interpretations in terms of judgements of cases sharing a common origin but brought to courts under vastly different sections of the CrPC are not in the least unusual.

Critics will see it as another instance of Milaudas running amok ruling not by the law or by "applying their minds to it " but solely on the basis of their whims & biases. Both sides are right & wrong in their assessments in their own ways.
I mean that's the way laws should be made. The court legislating from the bench is intruding too deep into the domains of the parliament. The court is right in saying that the parliament should extend the PCMA.
What about something like Vishaka Guidlines, Azad ji is true about the amendment of moslem personal law and ucc but in the meantime why can't they just do something like Vishaka case. Or why not extend the ban until any such amendment or law comes in.
Now I am newbie in polity and laws please correct if I misinterpreted what you said
 
You were right about greens being pro at tactics but bad at strategy lol.




Milaards staying within their aukat and passing the ball to the Govt.
Since they don't want to offend the Samudaay Vhishesh, otherwise they freely intrude upon the Govt's domain by their (((interpretations))) and (((striking down))) of laws
Oh so its like that same sex marriage case where they leave it to the govt for decision.

Edit: Just read the article thoroughly, I had just reacted by reading the headline
 
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What about something like Vishaka Guidlines, Azad ji is true about the amendment of moslem personal law and ucc but in the meantime why can't they just do something like Vishaka case. Or why not extend the ban until any such amendment or law comes in.
Now I am newbie in polity and laws please correct if I misinterpreted what you said
Vishakha guidelines itself was a classic & clear case of judicial over reach. The government of the day should've forcefully intervened & ticked off the judiciary but it didn't.

Part of the reason for the vishakha guidelines was there was no clear law on the issue of prevention of harassment of females at the workplace & the government of the day didn't even see it necessary to bring in a legislation post the courts coming up with these guidelines. That was accomplished much later.

This was during the glorious era of Coalition politics which a section of our press , no prizes for guessing who , see as the most acceptable form of government where a lot of "useful & productive" work gets done after due "consultation."These were also the times when most of the judicial encroachment into the executive & legislative sphere took place.

As to the reason the courts aren't coming up with such guidelines now refer to /shade2 's post. Some communities are more equal than the others
 

Per this article, it seems for now that the fantasy of "Overton window has shifted to the right" which many forum walas fap to, seems to be real in HP of all places, relevant excerpts


So far, leaders of both the ruling Congress and the Opposition BJP in Himachal have largely agreed on the mosque controversy, calling for the demolition of ‘illegal’ structures.
On 28 September, when the Samiti held a demonstration, Congress councillor Sushma Kuthiala from Ram Bazar/Sabzi Mandi stopped by an expressed her agreement and solidarity with their concerns. Previously, Congress junior minister Anirudh Singh had called for an investigation into Sanjauli mosque, accusing the Waqf Board of encroaching on land. :bplease:

For Himachal’s Muslim community, the stance of Congress leaders has been a bitter pill. Many had been buoyed by the party’s 2022 state election victory and its better-than-expected performance in the Lok Sabha polls. Now, Congress ministers are accused of stoking communal tensions to protect their Hindu vote base.:hmm:

Aside from the mosque stuff, there is also boycotting of shops and services of the minorities.
In Shimla, clothes vendor Alam walked up a hilly road with a friend, both carrying bundles of their wares. They discussed when it might be safe to return to the Kasumpti mosque for prayers, and how their sales have dropped—from 10 suits a day to just four.

Alam, who moved to Himachal from Bihar eight years ago, said the unrest has made it harder to support his family.

“We thought we could rely on the Congress, but where do we go now?” he asked.

I guess at the end of the day, Yatha Praja Tatha Raja afterall, once aam Hondu starts "noticing" stuff and taking action, even "Grand Old Party" will obey the public demand
 
You don't understand the Brahmins very well. ;)
Unlike the Muslims who get easily aggravated, Brahmins are extremely patient and methodical. All the sweet talk is just a facade.
Truly bruhmins are 690 IQ.
Is this the same line of thinking as the Samar rathee guy from DFI that said reservation will be diluted if jata get reservation?

Don't sugarcoat such mindless bravado by calling it 11d chess tactics.
 
Truly bruhmins are 690 IQ.
Is this the same line of thinking as the Samar rathee guy from DFI that said reservation will be diluted if jata get reservation?

Don't sugarcoat such mindless bravado by calling it 11d chess tactics.

Definitely not 690IQ, but good enough to maintain considerable influence over the society/government despite being just 4-5% of India's population and being hated by all.
 

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