Bill criminalising instant triple talaq, WhatsApp talaq introduced in LS

Agencies
December 28, 2017

New Delhi, Dec 28: The Central government today introduced the so called Muslim Women (Protection of Rights on Marriage Bill) 2017 in the Lok Sabha for discussion.

The Bill aims to criminalise the rare practice of instant triple talaq, which the Supreme court had earlier deemed unconstitutional and arbitrary, while introducing a 3-year-long prison sentence along with a fine for anyone who uses triple talaq.

While the Union Law Minister Ravi Shankar Prasad insists that the law is meant for women's rights & justice & not regarding any prayer, ritual or religion, opposition leaders including Assaduddin Owaisi of the AIMIM and Bhartruhari Mahtab of the BJD have voiced their dislike of the bill for various reasons.

Owaisi says that the bill violates Article 15 and lacks legal coherence, while Mahtab is opposing it on grounds of 'internal contradictions', adding that the party is against the 3-year sentence provision.

Meanwhile, the Congress has come out in support of the Bill, but has expressed some reservations as to whether the burden of proof would fall on the wife and whether the wife would be given right to the husband's property or will she be abandoned.

The proposed law would only be applicable on instant triple talaq or "talaq-e-biddat" and give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.

The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

Under the law, instant triple talaq in any form - spoken, in writing or by electronic means such as email, SMS and WhatsApp - would be bad or illegal and void.

According to the proposed law which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable offence.

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News Network
March 2,2020

Mar 2: Two more positive cases of the novel coronavirus -- one in Delhi and another in Telangana -were reported, the Union Health Ministry said on Monday.

The person from Delhi had travelled to Italy, it said adding he is being diagnosed at RML hospital.

The other person with the coronavirus infection has a travel history to Dubai, the ministry added.

"Both the patients are stable and being closely monitored," the ministry said.

Sunitha Krishnan is the name of the patient from Telangana and she is a social activist.

Krishnan has tweeted, "So going to enjoy hospitality at Gandhi Hospital for two days as admitted in the isolation ward suspected coronavirus. They have not started the tests yet( 1.30 hrs since I arrived).I believe the results make take 48hrs. At this pace, I have a feeling I am might be here sometime."

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News Network
May 14,2020

London, May 14: Vijay Mallya on Thursday lost his application seeking leave to appeal in the UK Supreme Court, in a setback for the embattled liquor tycoon who last month lost his High Court appeal against an extradition order to India on charges of fraud and money laundering related to unrecovered loans to his now-defunct Kingfisher Airlines.

The 64-year-old businessman had 14 days to file this application to seek permission to move the higher court on the High Court judgment from April 20, which dismissed his appeal against a Westminster Magistrates' Court's extradition order certified by the UK Home Secretary.

The latest ruling will now go back for re-certification and the process of extradition should be triggered within 28 days.

The UK Crown Prosecution Service (CPS) said Mallya's appeal to certify a point of law was rejected on all three counts, of hearing oral submissions, grant a certificate on the questions as drafted, and grant permission to appeal to the Supreme Court.

The Indian government's response to the appeal application had been submitted earlier this week.

The leave to appeal to the Supreme Court is on a point of law of general public importance, which according to experts is a very high threshold that is not often met.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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