Uttarakhand High Court Bans Fatwas After Clerics in Haridwar District 'Ask Rape Victim to Leave Village'
The bench, headed by Acting Chief Justice Rajiv Sharma and Justice Sharad Kumar Sharma, issued the order after Islamic clerics in Haridwar district asked a 15-year-old rape victim to leave the village.
Dehradun, Aug 30: The Uttarakhand High Court on Thursday banned the issuance of fatwas by Islamic clerics, calling them "extra-constitutional adventurism" which infringes upon the dignity and fundamental rights of an individual.
The bench, headed by Acting Chief Justice Rajiv Sharma and Justice Sharad Kumar Sharma, issued the order after Islamic clerics in Haridwar district asked a 15-year-old rape victim to leave the village.
The court took suo moto hearing on the case, after being presented a newspaper report by advocate Vivek Shukla. The court has ordered the government to register the matter as a public interest litigation and appointed Shuka as its amicus curiae in the case.
Amar Chand Sharma, the office in-charge of the village police station, told reporters that the accused who raped the minor is absconding.
The court has ordered the Senior Superintendent of Police (Haridwar) to ensure adequate protection for the victim and his family, adding that the police should ensure that they are not forced to leave their village.
While reading the order, the bench categorically stated the ban on fatwas, saying, "Fatwa is nothing but extra-constitutional adventurism, not permissible under the Constitution", adding, "infringes upon the statutory rights, fundamental rights, dignity, status, honour and obligation of individuals."
Fatwas, although considered to religious edict among Muslims, have no legal basis. The All India Muslim Personal Law Board has also warned the community against falling prey to edicts issued by local clerics, who may be misconstrued in their understanding of the Islamic laws.
(The above story first appeared on LatestLY on Aug 31, 2018 12:04 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).