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 22,2020

Riyadh, May 22: The family of murdered Saudi journalist Jamal Khashoggi on Friday said that they forgave his killers. Washington Post journalist Jamal Khashoggi, who had written columns critical of Saudi Arabia, was brutally killed in October 2018, allegedly at the behest of Crown Prince Mohammad bin Salman.

“In this blessed night of the blessed month [of Ramadan] we remember God’s saying: If a person forgives and makes reconciliation, his reward is due from Allah,” Jamal Khashoggi’s son Salah Khashoggi said in a tweet. “Therefore, we the sons of the Martyr Jamal Khashoggi announce that we pardon those who killed our father, seeking reward [from] God almighty.”

The legal outcome of this announcement is not yet clear. Earlier, Salah Khashoggi said he had “full confidence” in the judicial system, and that the accused were trying to exploit the case.

Jamal Khashoggi’s body was said to have been dismembered inside the Saudi consulate in Istanbul and disposed of elsewhere, but his remains were never found.

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News Network
February 11,2020

New Delhi, Feb 11: The Aam Aadmi Party on Tuesday appeared to be heading back to power for a second term in Delhi with the party leading in 52 seats of the 70 and the BJP ahead in 18 as votes for last week's assembly elections were counted, according to Election Commission figures. The contest for political power over the national capital was a bipolar one with the Congress nowhere in the reckoning, according to initial trends.

AAP supremo and chief minister Arvind Kejriwal was leading in the New Delhi seat by 4,300 seats, while his deputy Manish Sisodia from Patparganj seat was ahead by 102 votes.

BJP leader Vijender Gupta, who is also leader of opposition in the Delhi legislative assembly, was trailing by over 1,200 votes from Rohini.

As early celebrations broke out in the AAP headquarters in Rouse Avenue, BJP's Delhi unit chief Manoj Tiwari asked his party supporters not to lose hope.

"There are 27 seats where the difference of votes is between 700 to 1,000," Tiwari told reporters.

Looking ahead at victory, he said he was not nervous and was ready to take on the responsibilities that a win would bring.

"All talk is over. We have to wait for the blessings of the people. I am confident it will be a good day for BJP. We are coming to power in Delhi today. Don't be surprised if we win 55 seats," Tiwari said.

Kejriwal, who had led his party to a spectacular win of 67 of 70 seats in 2015, is expected to address party workers and the media later in the day. However, his party workers were upbeat and in celebratory mode.

"We have been saying since the beginning that the upcoming polls will be fought on the basis of work done by us... You wait and watch, we will register a massive win," AAP spokesperson Sanjay Singh told reporters.

"We hope we get such a clear majority that a message goes out that doing Hindu-Muslim politics will not work anymore," said AAP volunteer Fareen Khan at the party office.

The headquarters were decorated with blue and white balloons and big cutouts of Kejriwal were placed in different parts of the office.

Labour minister and AAP's Delhi unit convenor Gopal Rai was leading in Badarpur constituency by 1,994 votes.

Atishi, AAP's Kalkaji candidate, who was also instrumental in the transformation of Delhi government schools, was trailing by 190 votes.

AAP's Timarpur candidate Dilip Pandey was leading by over 1,500 votes.

BJP's Tajinder Singh Bagga was trailing on Hari Nagar seat by over 50 votes, while AAP's Raghav Chadha is leading from Rajinder Nagar constituency.

Congress' Chandni Chowk candidate Alka Lamba, who is sitting MLA from the constituency, was trailing by over 5,800 votes.

Counting centres are spread across 21 locations in 11 districts, including at the CWG Sports Complex in east Delhi, NSIT Dwarka in west Delhi, Meerabai Institute of Technology and G B Pant Institute of Technology in southeast Delhi, Sir CV Raman ITI, Dheerpur in central Delhi, and Rajiv Gandhi Stadium in Bawana in north Delhi.

The assembly elections were held on February 8.

A total of 672 candidates, including 593 men and 79 women, were in the fray for the hotly contested, often divisive polls with the anti-CAA protests in Shaheen Bagh occupying centrestage towards the end of the campaign.

While the AAP, of course, put forward Kejriwal, Prime Minister Narendra Modi, home minister Amit Shah and Uttar Pradesh chief minister Yogi Adityanath were among those who extensively campaigned for the BJP.

The Congress, still recovering maybe from the death of its three-time Delhi chief minister Sheila Dikshit in July last year, got into campaign mode much later. Former prime minister Manmohan Singh and party leaders Rahul Gandhi and Priyanka Gandhi were among those who campaigned for the Congress.

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News Network
May 4,2020

Munbai/New Delhi, May 4: India expects bad debts at its banks could double after the coronavirus crisis brought the economy to a sudden halt, a senior government official and four top bankers said.

Indian banks are already grappling with 9.35 trillion rupees ($123 billion) of soured loans, which was equivalent to about 9.1% of their total assets at the end of September 2019.

"There is a considered view in the government that bank non-performing assets (NPAs) could double to 18-20% by the end of the fiscal year, as 20-25% of outstanding loans face a risk of default," the official with direct knowledge of the matter said.

A fresh surge in bad debt could hit credit growth and delay India's recovery from the coronavirus pandemic.

"These are unprecedented times and the way it's going we can expect banks to report double the amount of NPAs from what we've seen in earlier quarters," the finance head of a top public sector bank told Reuters.

The official and bankers declined to be named as they were not officially authorized to discuss the matter with media.

India's finance ministry declined to comment, while the Reserve Bank of India and Indian Banks' Association, the main industry body, did not immediately respond to emails seeking comment.

The Indian economy has ground to a standstill amid a 40-day nationwide lockdown to rein in the spread of coronavirus cases.

The lockdown has now been extended by a further two weeks, but the government has begun to ease some restrictions in districts that are relatively unscathed by the virus.

India has so far recorded nearly 40,000 cases of the coronavirus and more than 1,300 deaths from COVID-19, the respiratory disease caused by the coronavirus.

'RIDING THE TIGER'

Bankers fear it is unlikely that the economy will fully open up before June or July, and loans, especially those to small- and medium-sized businesses which constitute nearly 20% of overall credit, may be among the worst affected.

This is because all 10 of India's largest cities fall in high-risk red zones, where restrictions will remain stringent.

A report by Axis Bank said that these red zones, which contribute significantly to India's economy, account for roughly 83% of the overall loans made by its banks as of December.

One of the sources, an executive director of a public sector bank, said that economic growth had been sluggish and risks had been heightened, even ahead of the coronavirus crisis.

"Now we have this Black Swan event which means without any meaningful government stimulus, the economy will be in tatters for several more quarters," he said.

McKinsey & Co last month forecast India's economy could contract by around 20% in the three months through June, if the lockdown was extended to mid-May, and growth in the fiscal year was likely to fall 2% to 3%.

Bankers say the only way to stem the steep rise in bad loans is if the RBI significantly relaxes bad asset recognition rules.

Banks have asked the central bank to allow all loans to be categorized as NPAs only after 180 days, which is double the current 90-day window.

"The lockdown is like riding the tiger, once we get off it we'll be in a difficult position," a senior private sector banker said.

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