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The Need for a Uniform Civil Code and Protest from Clergy

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Uniform Civil Code

This article marks the first instalment in a series of four articles that aim to discuss the importance of implementing a Uniform Civil Code (UCC) in India. The authors seek to lay the groundwork for understanding various aspects of personal laws, including marriage, divorce, inheritance, succession, adoption, guardianship, maintenance, and alimony.

India, being a diverse nation with a multitude of cultures, religions, and traditions, upholds the principles of equality and secularism in its Constitution. This reflects the vision of a united nation where all citizens are treated fairly. However, one area where this vision has not been fully realized is the realm of personal laws. To ensure equal rights and justice for all citizens, regardless of their religious affiliation, it is imperative for India to adopt a UCC. Implementing a UCC would not only foster social harmony but also uphold the spirit of the Constitution.

The Constitution of India, adopted on November 26, 1949, is founded on the principles of equality and secularism. Article 14 guarantees equality before the law, ensuring that no citizen is discriminated against based on religion, race, caste, sex, or place of birth. Article 15 prohibits discrimination on the same grounds. Furthermore, Article 44 directs the state to establish a Uniform Civil Code throughout the country. These constitutional provisions form the basis for the urgent need for a UCC.

One of the primary reasons for implementing a UCC is to address the gender injustices perpetuated by existing personal laws in India. These laws, which vary across different religions, have resulted in disparities concerning marriage, divorce, inheritance, succession, and adoption. Women often bear the brunt of these disparities, as they are denied equal rights and subjected to discriminatory practices. A UCC would ensure that women from all religious communities have equal rights and protections under the law, promoting gender justice and empowering women.

India celebrates its diversity, but personal laws have created divisions among its citizens. The existence of different laws for different religious communities not only perpetuates social divides but also hampers the development of a unified national identity. By implementing a UCC, India can bridge these divides and foster social harmony. A UCC would provide a common set of laws that apply to all citizens, regardless of their religious beliefs, thereby promoting inclusivity and shared values.

The presence of multiple personal laws leads to legal complexity and confusion. Individuals are subjected to different legal frameworks based solely on their religious identity, which often results in legal disputes, delays in justice, and confusion among citizens. A UCC would simplify the legal landscape by providing a clear and uniform legal framework for all citizens. It would enable people to understand their rights and obligations without the need for extensive legal interpretation, ensuring efficient delivery of justice.

Some argue that implementing a UCC would infringe upon individuals’ rights to freely practice their religion. However, it is important to note that a UCC aims to harmonize personal laws while upholding the principles of equality and justice. It does not seek to eradicate religious practices or beliefs but rather ensures that personal laws conform to constitutional values. The UCC would strike a balance by respecting individual freedoms while safeguarding the rights of all citizens.

There have been protests from Islamic clergy against the UCC and in favour of Muslim Personal Law, which governs personal matters for Muslims in India, such as marriage, divorce, inheritance, and maintenance. While Muslim Personal Law is intended to protect the rights of the Muslim community, it has faced criticism for perpetuating gender injustices and denying women equal rights and protections. It is crucial to address these issues and work towards reforming Muslim Personal Law to ensure gender equality and justice for all.

Muslim Personal Law allows for practices such as polygamy, unilateral divorce (talaq-e-biddat), and unequal grounds for divorce. These practices often leave women vulnerable and disempowered. Polygamy, for instance, can lead to emotional and financial hardships for women and children, while talaq-e-biddat allows for instant divorce without the consent or involvement of women. These provisions undermine the principles of equality and dignity enshrined in the Indian Constitution. Muslim Personal Law also exhibits discriminatory practices in inheritance and property rights, where daughters receive half the share of sons, and widows have limited rights to their deceased husband’s property.

These practices perpetuate economic disparities among women and reinforce gender inequality. To ensure the economic well-being and empowerment of women, equal inheritance and property rights must be promoted in modern society. Maintenance and alimony are also areas where Muslim women face significant challenges under personal laws. While the law provides for maintenance during the iddat period, there are limitations and ambiguities surrounding this provision. After the iddat period, many women struggle to obtain financial support, especially if they lack independent means of income. This further exacerbates the vulnerability and dependency of divorced Muslim women.

Muslim women’s organizations and activists have been at the forefront of advocating for gender justice and reforms within Muslim Personal Law. Organizations like the Bharatiya Muslim Mahila Andolan and the Bebaak Collective have raised their voices against discriminatory practices and demanded equal rights for Muslim women. These movements play a crucial role in challenging regressive interpretations and pushing for progressive reforms that uphold the principles of equality and justice.

Several countries around the world have implemented a uniform civil code to ensure equality and justice for their citizens. Countries like France, Germany, and Turkey have adopted a single civil code that governs personal matters, regardless of religious affiliation. These countries serve as examples of the successful implementation of a uniform civil code while respecting individual freedoms and promoting social cohesion.

The gender injustices embedded in legislatively un-codified personal law pose pressing issues that must be addressed to achieve gender equality and justice for Muslim women in India. By reforming personal laws to eliminate discriminatory practices and provisions, a legal framework can be created that aligns with the principles of equality and dignity enshrined in the Indian Constitution. It is crucial to promote dialogue, engage with diverse perspectives, and work collaboratively towards a more inclusive and just society for all.

Recognizing the need for reform, several Muslim-majority countries such as Tunisia and Morocco have undertaken significant revisions to their personal laws to ensure gender justice and equality. These reforms demonstrate that it is possible to modernize personal laws while respecting Islamic principles and promoting equal rights for women. India, too, must embark on a path of reform to address the gender injustices embedded in Muslim Personal Law. The urgent need for a Uniform Civil Code in India cannot be overstated, as it represents a necessary step towards achieving the ideals of equality and justice.

Article Authored By: Pranjal Chaturvedi and Aishwarya

Pranjal and Aishwarya are Law Graduate from Sharda University and has worked with the Ministry of Labour and Employment and the Ministry of Electronics and Information Technology respectively.

पीटा, पेशाब पिलाया, कर ली आत्महत्या… मंदिर में माता की पूजा करने गए थे विकास शर्मा, प्रवेश शुक्ला काण्ड के बाद मध्यप्रदेश के एक और मामले में न्याय की माँग

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(Image Source : Opindia)
(Image Source : Opindia)

“पीटा, पेशाब पिलाया, कर ली आत्महत्या… मंदिर में माता की पूजा करने गए थे विकास शर्मा, प्रवेश शुक्ला काण्ड के बाद MP के एक और मामले में न्याय की माँग”, ऑपइंडिया, जुलाई 5, 2023:

“सोशल मीडिया पर एक खबर वायरल हो रहा है, जिसमें दलित समाज के कुछ लोगों द्वारा पेशाब पिलाने के कारण विकास शर्मा नाम के लड़के ने फाँसी लगाकर आत्महत्या कर ली। लोगों का कहना है कि एक साल बीत जाने के बाद भी अभी भी मृतक के परिजनों को न्याय नहीं मिला।

सोशल मीडिया पर इसको लेकर लोग सवाल उठा रहे हैं। इसके वायरल वीडियो पर सुप्रीम कोर्ट के वकील और भाजपा नेता अश्विनी उपाध्याय ने मध्य प्रदेश के मुख्यमंत्री शिवराज सिंह चौहान और गृहमंत्री नरोत्तम मिश्रा को टैग किया है।

शुभम शुक्ला नाम के एक ट्विटर यूजर ने लिखा, “विकास शर्मा को दलित समाज के लोगों ने पेशाब पिलाया, मारपीट की, मानसिक प्रताड़ना दी। इससे तंग आकर विकास ने फाँसी लगाकर आत्महत्या कर ली। ये वीडियो भी वायरल हुआ था। 2020 शिवपुरी की इस घटना पर मृतक को अभी न्याय नहीं मिला। स्वच्छ समाज के लिए मनोज कोली और प्रवेश शुक्ला जैसे लोग कलंक हैं……”

पूरा लेख ऑपइंडिया पर पढ़ें

Dark side of dating culture: Woman shot dead by daughter’s ex-boyfriend in Delhi

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Kashmir shot

A 55-year-old woman was shot dead by her daughter’s ex-boyfriend in North Delhi’s Shastri Nagar, an official said on Thursday.

According to police, on Wednesday around 4:02 p.m, a police control room call was received regarding a woman being injured at Sarai Rohilla police station following which a police team was dispatched for the spot.

“Upon arrival, it was discovered that the victim Poonam had been fatally shot by Ankit Kaushik, a resident of Sahadara and the ex-boyfriend of her daughter,” said a senior police official.

“The body has been shifted to mortuary Subzi Mandi and a case under section 302 (murder) of the Indian Penal Code registered,” said the official.

A manhunt has been initiated to nab the accused, who is still at large and further probe is underway, the official added.

(The story has been published via a syndicated feed with a modified headline.)

Auto driver Sattar sexually & physically abuses a minor girl in Ernakulam

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A 63-year-old Islamist was arrested after stopping a young girl in the middle of the road and attempting to assault her sexually. Ernakulam Kurupumpadi police arrested an auto driver Muthuvaseri House Sattar in Odaikali. The incident took place in Odaikkali town on Monday afternoon around 12.30. The assault occurred when the girl was walking in broad daylight.

The young victim was walking on the road when Sattar approached her from behind and tried to sexually assault her. Sattar tried to kiss the young girl, but she resisted, and the pervert slapped the victim. He forcibly stopped the girl who was walking on the road. The accused was produced before the Perumbavoor Magistrate Court and remanded. The arrest was made following the girl’s complaint.

The police said there are many cases against Sattar in various police stations. Why did they allow a known pedophile pervert to remain on the streets remains unknown. Are our courts too lenient on such psychopaths?

गिरफ्तार हुआ जनजातीय व्यक्ति पर पेशाब करने वाला प्रवेश शुक्ला, बुलडोजर भी चलेगा: पीड़ित की पत्नी बोली – किसी का कोई दबाव नहीं

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(Image Source : Opindia)
(Image Source : Opindia)

“गिरफ्तार हुआ जनजातीय व्यक्ति पर पेशाब करने वाला प्रवेश शुक्ला, बुलडोजर भी चलेगा: पीड़ित की पत्नी बोली – किसी का कोई दबाव नहीं”, ऑपइंडिया, जुलाई 5, 2023:

“मध्य प्रदेश के सीधी जिले के एक वीडियो से बवाल मचा हुआ है, जिसमें प्रवेश शुक्ला नामक व्यक्ति को जनजातीय समाज के एक शख्स के ऊपर पेशाब करते हुए देखा गया। अब इस मामले में पीड़ित की पत्नी ने बयान आया है। महिला ने कहा कि उनके पति दिन भर इधर-उधर काम-धाम करते थे और खाने-पीने घर आते थे, लेकिन एक दिन पहले वो घर नहीं आए।

पत्नी ने कहा कि उन्हें चिंता थी और वो सोच रही थीं। उन्हें नहीं पता था कि वो कहाँ हैं और क्या कर रहे हैं। महिला ने कहा कि जब उनके पति नहीं आए तो वो रात भर जगी रहीं कि क्यों नहीं आए। उन्होंने कहा कि चाहे वो कैसे भी हों, चिंता हो ही जाती है।

उन्होंने कहा कि अगर किसी ने गलत काम किया है तो जो होना है होगा ही। उन्होंने गलत करने वाले को सज़ा देने की भी माँग की। उन्होंने कहा कि उनके घर पुलिस आई थी। उन्होंने कहा कि उन पर पुलिस या किसी का कोई दबाव नहीं है। लेकिन, उन्होंने दोहराया कि अगर कोई गलत करेगा तो सज़ा तो होगी ही….”

पूरा लेख ऑपइंडिया पर पढ़ें

Analyzing the consequences of ongoing riots in France

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The ongoing riots in France have captured the attention of the nation and the world, with many speculating about the potential for the situation to escalate into a full-blown civil war. While civil war is a grave concern, it is essential to analyze the factors at play and consider the historical context before drawing any conclusions. In this article, we will assess the likelihood of a civil war erupting in France as a consequence of the ongoing riots.

France, a country renowned for its rich history, cultural heritage, and political activism, is currently witnessing a wave of ongoing riots that have significant implications for the nation and its people. The protests, marked by civil unrest and public discontent, have sparked a series of events that could potentially shape the country’s future in various ways. In this article, we will delve into the consequences of these ongoing riots in France and explore their impact on different aspects of society.

While the ongoing riots in France are characterized by civil unrest and public discontent, it is important to note that they primarily stem from specific social, economic, and political grievances. These protests are not based on deep-seated ethno-religious or regional divisions typically associated with civil wars. The unrest is driven by demands for socioeconomic justice, equal opportunities, and political accountability rather than a desire for secession or the establishment of separate political entities.

Civil wars typically involve armed factions representing different groups or regions, each with distinct political or ethnic motivations. In the case of the ongoing riots in France, there is no presence of armed factions advocating for the breakup of the country or engaging in large-scale armed conflict. The protests have been predominantly characterized by non-violent demonstrations, clashes with law enforcement, and sporadic instances of vandalism. Thus, the absence of organized armed groups reduces the likelihood of a civil war.

But according to some analysts, as the unrest is continuing for several months, it is not unlikely that a segment of the population may ultimately form armed groups, while it may start getting weapons and explosives mostly from the anti-West bloc thus pushing the existing situation into a full-blown civil war. In this case, revolting French populace and the organized crime groups may start getting weapons and explosives from the underworld network, which currently is receiving substantial supplies from the Ukrainian war fronts.

Rejecting the possibility of a civil war, some of the analysts said, France’s position as a member of the European Union and its engagement in various international collaborations further reduces the likelihood of a civil war. The country’s integration into the European framework promotes peaceful resolution of conflicts, economic stability, and the rule of law. Additionally, the international community, including neighboring countries and international organizations, would likely play a mediating role in mitigating the risk of a civil war, encouraging peaceful dialogue, and supporting political solutions.

It may be mentioned here that the ongoing riots in France are often fueled by political and social grievances. They serve as a reflection of public frustration with government policies, economic inequalities, and social injustice. As the protests intensify, they contribute to an atmosphere of political instability, challenging the authority of the government and raising questions about its ability to address the concerns of its citizens. This political unrest could lead to a loss of public trust in the government, potential changes in leadership, or even calls for a complete overhaul of the political system.

Riots and civil unrest can have a profound impact on a country’s economy. France, being one of the largest economies in Europe, is not immune to these consequences. The ongoing riots can disrupt business operations, impede foreign investments, and adversely affect tourism. The destruction of public infrastructure and private property can result in significant financial losses for individuals, businesses, and the government. Furthermore, the uncertainty caused by these protests may deter investors, leading to economic stagnation and a decline in overall productivity.

Riots often highlight existing social divisions within a society. In the case of France, the ongoing protests have shed light on issues such as income inequality, racial discrimination, and the marginalization of certain communities. These protests amplify the voices of marginalized groups, drawing attention to their grievances. However, they can also exacerbate social tensions and deepen divisions, as different segments of society hold varying perspectives on the causes and solutions to the unrest. Fostering dialogue, understanding, and inclusivity will be crucial to addressing these divisions and working towards a more cohesive society.

Riots and civil unrest create security challenges for both the government and the general public. As the protests escalate, they can lead to clashes between law enforcement agencies and demonstrators, resulting in injuries, property damage, and even loss of life. Maintaining public order becomes a significant challenge for law enforcement, requiring careful management to prevent escalation and maintain the safety of all citizens. The strain on security forces can also divert resources from other important areas, potentially impacting the overall safety and security of the country.

While riots can be disruptive and destructive, they can also serve as a catalyst for change. Ongoing protests in France have already sparked discussions on policy reforms, political accountability, and social justice. These events can push the government to address the underlying causes of public dissatisfaction, leading to the implementation of new policies and reforms aimed at addressing the concerns of the people. It is essential for the government to listen to the demands of the protesters, engage in dialogue, and work towards meaningful and sustainable solutions to the issues raised.

Some analysts said, the French government possesses strong state authority and institutions capable of maintaining order and security. Despite the challenges posed by the ongoing riots, the government has shown resilience in responding to public discontent. The state’s ability to enforce the rule of law, control protests, and manage security concerns significantly reduces the probability of the situation escalating into a civil war. The government’s focus on addressing the root causes of the protests through dialogue and policy reforms also contributes to stability.

It further said, France has a history of political activism, protests, and social movements. The country has witnessed significant civil unrest in the past, but it has not resulted in a full-fledged civil war. Previous instances, such as the May 1968 protests, demonstrate that while public discontent can be intense, it is ultimately channeled into democratic processes, reforms, and negotiations. France’s democratic traditions, coupled with its commitment to political dialogue, provide a framework for resolving conflicts without resorting to armed conflict.

While the ongoing riots in France have raised concerns about the potential for a civil war, a careful analysis of the dynamics at play suggests that such an outcome is unlikely. The protests primarily revolve around specific grievances rather than deep-rooted divisions. The absence of armed factions, the state’s authority and capacity, historical context, and international influence collectively contribute to the maintenance of stability and the likelihood of a peaceful resolution. However, it is crucial for the government and the citizens to engage in dialogue, address concerns, and work towards equitable solutions to prevent further escalation and ensure a prosperous and harmonious future for France.In my opinion, the ongoing riots in France have far-reaching consequences that impact various aspects of society.

They raise questions about political stability, economic prosperity, social divisions, and security concerns. While riots can disrupt daily life and cause significant damage, they also provide an opportunity for reflection, reform, and progress. It is crucial for the government, civil society, and citizens to engage in constructive dialogue, prioritize peaceful means of protest, and work together towards addressing the root causes of public discontent. Only through collective efforts can France emerge stronger and more united from this period of unrest. Most importantly, this ongoing protest shall have a negative impact on President Emmanuel Macron when he faces the next presidential election as his political rivals can portray him as a dictator and even as a fascist.

At the same time, France currently is witnessing economic decline because of COVID pandemic and the participation of France in the Ukraine war with military hardware and cash. Things may turn further difficult for President Macron if there is no immediate solution to the Ukraine war or if Russia succeeds in further intensifying its assault on Ukraine taking advantage of Kiev’s shortage of weapons, ammunition and advanced military hardware.

अमेजन का डिलीवरी बॉय उस्मान निकला प्रगति मैदान टनल लूटकांड का मास्टरमाइंड, भाई इरफ़ान भी दबोचा गया: ₹5 लाख, पिस्टल, बाइक, कारतूस बरामद

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(Image Source : Opindia)
(Image Source : Opindia)

“अमेजन का डिलीवरी बॉय उस्मान निकला प्रगति मैदान टनल लूटकांड का मास्टरमाइंड, भाई इरफ़ान भी दबोचा गया: ₹5 लाख, पिस्टल, बाइक, कारतूस बरामद”, ऑपइंडिया, जून 27, 2023:

“दिल्ली पुलिस ने प्रगति मैदान सुरंग सुरंग लूट की गुत्थी सुलझा ली है। इस लूटकांड का वीडियो भी सोशल मीडिया पर वायरल हुआ था। इस मामले में 7 आरोपितों को गिरफ्तार किया गया है, जिनके पास से लूट की 4.98 लाख रुपए की रकम बरामद की गई है। 2 बाइक, 1 पिस्तौल और 2 कारतूस भी बरामद हुए हैं। 5 आरोपितों को जहाँ दिल्ली पुलिस की 2 टीमों ने दबोचा, वहीं उत्तरी जिला और नई दिल्ली जिले की संयुक्त टीमों ने 2 अन्य को दबोचने में कामयाबी पाई।

दिल्ली पुलिस ने इस मामले की CCTV फुटेज की भी जाँच की थी, जिसमें पता चला था कि मोटरसाइकिल सवार 4 लोगों ने कार को रोका और चाँदनी चौक स्थित ओमिया एंटरप्राइजेज के डिलीवरी एजेंट और उसका सहयोगी से लूटपाट की घटना को अंजाम दिया। गिरफ्तार आरोपितों में उस्मान, उसका चचेरा भाई इरफ़ान, अनुज मिश्रा, कुलदीप, सुमित, प्रदीप और बाला शामिल है। दिल्ली पुलिस ने मामले के सामने आते ही अलग-अलग टीमों को काम पर लगाया।

उस्मान अली उर्फ़ कल्लू ने ही इस काण्ड की साजिश रची थी। वो बुराड़ी स्थित कौशिक एन्क्लेव का रहने वाला है। 25 वर्षीय उस्मान ही सूचना देता था कि किस गाड़ी में पैसा है और किसमें नहीं। उस्मान ने 7 साल अमेजन कंपनी में बतौर डिलीवरी बॉय काम किया है। कुरियर का काम करने के कारण उसे मालूम होता था कि इस इलाके में कैश आता-जाता है। कई IPL सट्टा हार चुके उस्मान पर बैंक का भी कर्ज था…”

पूरा लेख ऑपइंडिया पर पढ़ें

Assam: Muslim youths abducted two minor Hindu girls and gang-raped them; one died

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A brutal case of abduction and gang rape has come to light from Assam’s Hailakandi district. Five Muslim youths allegedly abducted two minor Hindu girls in front of the school and gang-raped them. One girl died and another is critical, undergoing treatment. 

As per the information, Rupali(Name changed,14) and Susmita(Name changed,16) were students of Mohanpur Abhaycharan ME School. On the 4th of July, Tuesday while they were returning from school, Jabir and Jubair and others dragged them into Roskandi Tea Garden. They gang-raped them brutally and left. After some time, locals saw the girls lying there. They immediately recovered them and took them to a local hospital. 

On-duty doctors referred them to Silchar Medical College and Hospital as their condition was critical. On Wednesday night, Rupali died. 

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Based on the complaint, police launched a search operation and arrested one accused named Jabir. Others are still absconding. Hailakandi police on their official Facebook page gave details information about Jubair Ahmed Talukdar- one of the main accused in the case. Still, he is absconding and police requested any information from netizens.  

Family members of the girls alleged that a total of 5 to 6 youths were present. They demanded strong punishment against the accused. 

Islamists humiliate & assault 2 SC men – blacken their faces, garland them with shoes, make them eat filth – in Shivpuri, MP

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(Image Source : Organiser)
(Image Source : Organiser)

“Madhya Pradesh: 6 Muslim men arrested for attacking Dalits; Accused forced them to wear shoe garland”, Organiser, July 4, 2023:

“A video from the hill town of Madhya Pradesh, Shivpuri is making rounds of the internet. In the said video, bearded men with skull caps can be seen abusing Dalits for allegedly molesting a woman in the area. These attackers crossed all the limits by painting the faces of these men black, putting shoe garlands around their necks and making them eat filth.

As soon as the video went viral, the police arrested all the culprits involved in this misdeed. Netizens have reacted to this video in different ways; some have called it Dalit atrocity and some called it Dalit atrocity and some called it a result of the ‘Bhim-Meem’ unity.

On June 30, in the Barkhadi village of the city, some locals attacked Anuj Jatav and Santosh Kevat for allegedly harassing a woman in the village. Seven Muslim men from the village came out and started abusing these men…..”

Read the full article at Organiser.org

Telangana: Chhatrapati Shivaji Maharaj’s statue desecration triggers Hindu-Muslim clashes; Accused Mohd Imran held

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(Image Source : Organiser)
(Image Source : Organiser)

“Telangana: Chhatrapati Shivaji Maharaj’s statue desecration triggers Hindu-Muslim clashes; Accused Mohd Imran held”, Organiser, July 5, 2023:

“Tensions prevailed in the Gajwel town of Telangana’s Siddipet district on July 3 following an act of desecration by a Muslim man. The angered mob thrashed the accused for urinating on the statue of Chhatrapati Shivaji Maharaj. Reports claimed that the accused was allegedly paraded naked on the streets and thrashed for doing such a shameful act by local Hindu activists.

Notably, the incident occurred in Chief Minister K Chandrashekar Rao’s constituency.

Following the clashes the police dispersed the mob and arrested the Muslim man under charges of desecration and was sent to a 14-day police remand. The accused has been identified as Mohammad Imran…..”

Read the full article at Organiser.org