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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News Network
January 31,2020

Jan 31: President Ram Nath Kovind on Friday hailed the contentious Citizenship Amendment Act as "historic" in his address to joint sitting of both houses of Parliament, prompting protests by some opposition members.

He also said that debate and discussion on any issue strengthens democracy while violence during protests weaken it.

"The Citizenship Amendment Act is a historic law. It has fulfilled wishes of our founding fathers including Mahatma Gandhi," he said.

"Debate and discussions strengthen democracy, but violence during protests weaken democracy," he said without directly referring to the anti-CAA protests in the country some of which have witnessed violence.

In a reference to abrogation of Article 370, Kovind said there is happiness among people of India that people in Jammu and Kashmir and Ladakh have got rights on par with the rest of the country.

The president said Parliament has created record in the first seven months of the new government headed by Narendra Modi by enacting several landmark legislations.

"My government is taking strong steps for making this decade as India's decade and this century as India's century," he said.

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News Network
February 16,2020

Varanasi, Feb 16: Amidst continuing protests against the amended citizenship law, Prime Minister Narendra Modi on Sunday said his government stood by the decision despite all pressure.

"Be it the decision on Article 370 or the Citizenship Amendment Act, it was necessary in the interest of the country. Despite pressure, we stand by our decision and will remain so," he said.

Modi was addressing a public meeting in his Lok Sabha constituency.

Prime Minister Narendra Modi also asserted that the trust set up for construction of the Ram temple in Ayodhya will work "rapidly".

"A trust has been formed for construction of a grand Ram temple in Ayodhya. This trust will work rapidly," he said at a public meeting during his day-long visit to his Lok Sabha constituency.

The government had recently set up the Shri Ram Janmabhoomi Teerth Kshetra on the Supreme Court's directive to the Union government to form a trust that can look into the construction and management of the temple.

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News Network
May 19,2020

Kolkata, May 19: The super cyclonic storm 'Amphan' in west-central Bay of Bengal is likely to weaken into an 'extremely severe cyclonic storm' by noon on Tuesday, the Met department said here.

The system, which was situated 670 km south-southwest of Digha in West Bengal, is very likely to move north-northeastwards across northwest Bay of Bengal, and cross West Bengal-Bangladesh coasts in the afternoon or evening of Wednesday as a 'very severe cyclonic storm', the Met department said.

The weatherman said that 'Amphan' is expected to cross West Bengal-Bangladesh coasts between Digha in West Bengal and Hatiya islands in Bangladesh on May 20 as a very severe cyclonic storm, after losing some steam as it approaches landfall, with a maximum sustained wind speed of 155 to 165 kmph gusting to 180 kmph.

Gale wind speeds reaching 240 to 250 kmph were prevailing over west-central and adjoining east-central Bay of Bengal, the Met office said, adding, it will gradually reduce to 200 to 210 kmph gusting to 230 kmph by Tuesday evening.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles and extensive damage to all types of 'kutcha' houses, the weatherman said.

There is also likelihood of massive harm to standing crops, plantations and orchards, the Met office said.

Wind speeds along and off the coastal areas of West Bengal will reach 45 to 55 kmph with gusts of 65 kmph from Tuesday afternoon, and will gradually increase becoming gale wind speeds reaching 75 to 85 kmph with gusts up to 95 kmph from May 20 morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met Director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speeds of 165 to 175 kmph gusting to 195 kmph over the districts of North and South 24 Parganas and East Midnapore from the afternoon to night of May 20," Das said.

Under its impact, the coastal districts of Gangetic West Bengal, including North and South 24 Parganas, Kolkata, East and West Midnapore, Howrah and Hooghly are likely to experience light to moderate rain at many places with heavy downpour at isolated places on Tuesday, he said.

On Wednesday, rainfall will occur in many places over the districts of Gangetic West Bengal, with extremely heavy rain at one or two places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

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