Muslim Law Board Moves Top Court against Triple Talaq Law

Agencies
October 22, 2019

New Delhi, Oct 22: The All India Muslim Personal Law Board (AIMPLB) Monday filed a plea in the Supreme Court challenging the law which criminalises instant "triple talaq".

The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes "talaq-e-biddat" or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

Any Muslim husband who pronounces the illegal form of talaq upon his wife is to be punished with imprisonment for a term which may extend to three years, and also be liable to fine, it says.

The plea by AIMPLB and Kamal Faruqui has challenged the Constitutional validity of the Act on the ground that it is manifestly arbitrary and offends Articles 14, 15, 20 and 21 of the Constitution and makes unwarranted/wrongful interference in the Muslim Personal Law as applicable to Hanafi Muslims.

"The impugned Act is a criminal statute having adverse impact on the life and personal liberty of those on whom penal consequences are to be visited. It is the elementary principle of law that any act or omission which is dealt with penal consequences should be defined with accuracy and precision.

"A Muslim husband whose act or omission may be visited with penal consequences must have fair notice of ingredients of act or omission that is declared criminal so that such person can organize his affairs in such a way to avoid any conflict with law," the plea said.

Since pronouncement of triple Talaq in one sitting has already been declared to be unconstitutional and its practice set aside, such utterance has no legal/civil consequence, it said.

"Consequently, despite such utterances, marriage survives. Therefore, it was totally redundant and irrational to declare statutorily the practice of talaq-e-biddat as void."

"Secondly, section 3 of the Impugned Act also suffers from internal contradiction because if any act which is declared void has no existence in the eyes of law and it is redundant and contradictory to declare non-existent act illegal. The section therefore, suffers from manifest arbitrariness as it makes provision of law which is totally unnecessary," the plea said.

In 2017, the top court had struck down the practice of instant triple talaq. The Act was passed by Parliament on July 30.

The top court had earlier agreed to examine the validity of the newly enacted law on a batch a of petitions which sought to declare the Act as unconstitutional.

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Agencies
May 23,2020

Washington, May 23: President Donald Trump has labeled churches and other houses of worship as “essential" and called on governors nationwide to let them reopen this weekend even though some areas remain under coronavirus lockdown.

The president threatened Friday to “override” governors who defy him, but it was unclear what authority he has to do so.

“Governors need to do the right thing and allow these very important essential places of faith to open right now — for this weekend," Trump said at a hastily arranged press conference at the White House. Asked what authority Trump might have to supersede governors, White House press secretary Kayleigh McEnany said she wouldn't answer a theoretical question.

Trump has been pushing for the country to reopen as he tries to reverse an economic free fall playing out months before he faces reelection. White evangelical Christians have been among the president's most loyal supporters, and the White House has been careful to attend to their concerns throughout the crisis.

Following Trump's announcement, the Centers for Disease Control and Prevention released new guidelines for communities of faith on how to safely reopen, including recommendations to limit the size of gatherings and consider holding services outdoors or in large, well-ventilated areas.

Public health agencies have generally advised people to avoid gatherings of more than 10 people and encouraged Americans to remain 6 feet (1.8 meters) away from others when possible. Some parts of the country remain under some version of remain-at-home orders.

In-person religious services have been vectors for transmission of the virus. A person who attended a Mother's Day service at a church in Northern California that defied the governor's closure orders later tested positive, exposing more than 180 churchgoers. And a choir practice at a church in Washington state was labeled by the CDC as an early “superspreading" event.

But Trump on Friday stressed the importance of churches in many communities and said he was “identifying houses of worship — churches, synagogues and mosques — as essential places that provide essential services.”

“Some governors have deemed liquor stores and abortion clinics as essential” but not churches, he said. “It's not right. So I'm correcting this injustice and calling houses of worship essential." “These are places that hold our society together and keep our people united,” he added.

Dr. Deborah Birx, coordinator of the White House coronavirus task force, said faith leaders should be in touch with local health departments and can take steps to mitigate risks, including making sure those who are at high risk of severe complications remain protected.

“There's a way for us to work together to have social distancing and safety for people so we decrease the amount of exposure that anyone would have to an asymptomatic," she said.

A person familiar with the White House's thinking who spoke on condition of anonymity to discuss internal deliberations said Trump had called the news conference, which had not been on his public schedule, because he wanted to be the face of church reopenings, knowing how well it would play with his political base.

Churches around the country have filed legal challenges opposing virus closures.

In Minnesota, after Democratic Gov. Tim Walz this week declined to lift restrictions on churches, Roman Catholic and some Lutheran leaders said they would defy his ban and resume worship services. They called the restrictions unconstitutional and unfair since restaurants, malls and bars were allowed limited reopening.

Some hailed the president's move, including Kelly Shackelford, president of the conservative First Liberty Institute.

“The discrimination that has been occurring against churches and houses of worship has been shocking," he said in a statement. "Americans are going to malls and restaurants. They need to be able to go to their houses of worship.” But Rabbi Jack Moline, president of Interfaith Alliance, said it was “completely irresponsible” for Trump to call for a mass reopening of houses of worship.

“Faith is essential and community is necessary; however, neither requires endangering the people who seek to participate in them,” he said.

“The virus does not discriminate between types of gatherings, and neither should the president." Rhode Island Gov. Gina Raimondo, a Democrat, made clear that churches and other houses of worship will not resume in-person services in her state until at least next weekend and said she was skeptical Trump had the authority to impose such a requirement.

“It's reckless to force them to reopen this weekend. They're not ready,” she said. “We've got a good plan. I'm going to stick with it.” New Hampshire Gov. Chris Sununu, a Republican, said he would review the federal guidance, while maintaining a decision rests with him.

"Obviously we'd love to get to the point where we can get those open, but we'll look at the guidance documents and try to make some decisions rather quickly, depending on what it might say,” he said. “It's the governor's decision, of course.”

The CDC more than a month ago sent the Trump administration documents the agency had drafted outlining specific steps various kinds of organizations, including houses of worship, could follow as they worked to reopen safely.

But the White House dragged its feet, concerned that the recommendations were too specific and could give the impression the administration was interfering in church operations.

The guidance posted Friday contains most of the same advice as the draft guidance. It calls for the use of face coverings and recommends keeping worshippers 6 feet from one another and cutting down on singing, which can spread aerosolized drops that carry the virus.

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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News Network
July 16,2020

New Delhi, Jul 16: India's pharmaceutical industry will be able to produce Covid-19 vaccines not just for the country but also for the entire world, according to Microsoft co-founder and philanthropist Bill Gates.

A lot of "very important things have been done" in India and its pharma industry is doing work "to help make the coronavirus vaccine building on other great capacities that they have used for other diseases", said the Co-Chair and Trustee of Bill and Melinda Gates Foundation.

Speaking in a documentary -- Covid-19: India's War Against The Virus -- to be premiered on Discovery Plus this (Thursday) evening, Gates said India also faces a huge challenge due to the health crisis because of its gigantic size and urban centres with a lot of population density.

Commenting on the strength of India's pharma industry, he said, "India has a lot of capacity there -- with the drug and vaccine companies that are huge suppliers to the entire world. You know, more vaccines are made in India than anywhere-- starting with Serum Institute, that's the largest."

He further said, "But (there are) also Bio E, Bharat (Biotech), many others. They are doing work to help make the coronavirus vaccine, building on other great capacities that they have used for other diseases."

Stating that India joined Coalition for Epidemic Preparedness Innovations (CEPI), which is a group working on a global basis to build vaccines platforms, Gates said, "I am excited that the pharmaceutical industry there will be able to produce not just for India but also for the entire world. (This is) What we need to reduce the deaths and make sure we are immune, which is how we end the epidemic."

Gates said Bill and Melinda Gates Foundation is also a "partner with the government, particularly with the department of biotechnology, the Indian Council of Medical Research (ICMR) and the office of the principal scientific advisor provide advice and help about getting these tools going".

Commenting on the deadly virus breaching India's borders in the documentary which was shot extensively during the period of lockdown, he said, "India is still at the beginning of this, but there's a lot of very important things have been done.

“It's a huge challenge with India because you've got a gigantic country. You've got your urban centers with a lot of density-- and so that-- drives the spread. You have people moving around."

He, however, added: "Yet people are stepping up... Looking at how we reduce the spread while trying not to reduce food availability, equipment that people need."

Highlighting Gates foundation's role, he said it has "worked for the Indian government on health issues like introducing new vaccines over the last decade; and so when Covid-19 came along, we stepped in and said you know where are the gaps, we have been funding work on detection and isolation.

“We have been particularly active in UP and Bihar where we have done health delivery in the past."

The foundation is also working with the department of personnel and training to take their online training platforms and "are now using that guidance to help their frontline health workers", Gates said. 

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