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
March 14,2020

New Delhi, Mar 14: India on Friday was mulling over the option of deporting The Wall Street Journal's South Asia deputy bureau chief for misreporting Delhi riots in which over 50 people were killed last month. However, the government denied that it had made any such decision.

Ministry of External Affairs spokesperson Raveesh Kumar said that a complaint was registered against Eric Bellman, the WSJ South Asia deputy bureau chief based in New Delhi, by a private individual on the government's online grievance redressal platform.

"Referring the complaint to the related office is a routine matter as per standard procedure. No such decision on deportation has been taken by the Ministry of External Affairs," Kumar said.

However, government-funded Prasar Bharati News Services had earlier tweeted screenshots of the complaint which was filed by an undersecretary in the Ministry of External Affairs, Vinesh K Kalra, saying that the ministry has asked the Indian embassy in the US to "look into the request for immediate deportation of Bellman for his "anti-India behaviour".

The official had complained to the embassy about Bellman's controversial reportage on the killing of an Intelligence Bureau staffer named Ankit Sharma.

The WSJ had reported that Ankit Sharma's brother had said that he was killed by a mob belonging to a particular religious community. Ankit's brother later told Indian media that he never spoke to the WSJ reporter.

After the Prasar Bharati tweet got circulated widely on social media, the government backtracked and said that no such decision has been taken.

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News Network
March 26,2020

New Delhi, Mar 26: Despite repeated assurances by the Centre and state government of no shortage of food and essential services in Delhi, many daily wage earners have started fleeing the national capital on foot to return to their native villages in nearby Uttar Pradesh and other states because of the hardships being faced by them.
Most daily wage earners who are fleeing have complained that they are doing so because they will die of hunger due to lack of resources at their disposal.
"I am going to Azamgarh, my native place which is more than 800 kilometers from here. We have started walking towards our village. On the roads, if we get some vehicles then it will be all right otherwise we will continue on foot. I used to work in the construction sector but all work has stopped, we therefore have no other means to buy our rations. Atleast, food is guaranteed in our homes," Ghanshyam, a daily wage earner, told ANI here.
Rani, another daily wage earner, who was fleeing Delhi along with her family said, "Who would want to leave on foot, but what other options do we have. Our children will die of hunger, even if they are saved from the disease. That is why we are leaving."
While the government has been assuring that it will provide food and other essentials to the low-income groups, the people complained that they are yet to receive any help.
The departing of people has started despite repeated warnings by governments to prevent the influx of persons living in other states to curtail the spread of coronavirus.
Prince, who used to reside in Mongolpuri area of Delhi, said, "If we continue to stay the landlord will pester us for rent. The prices of all commodities are rising with each passing day, this way we will have nothing left to survive. We did not get any help from the government. I am, therefore, returning to Kasganj, which is close to 300 kilometres from Delhi. We will at least get food served twice a day in the village, nobody is offering us even water here."
Earlier on Tuesday, Delhi Chief Minister Arvind Kejriwal had announced Rs 5,000 for each construction worker under Construction Workers Welfare Board Fund.
Addressing a video conference here, he said, "The Delhi government will give Rs 5,000 to each construction worker as their livelihood has been affected due the outbreak of coronavirus."
He also said that the number of night shelters in the city has been increased and more food is being distributed to homeless people.
He also said that due to curfew, several people were not able to get food, and urged the public to send such people to the nearest shelters of the Delhi government, where food was being arranged.

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Agencies
February 6,2020

Bijnor, Feb 6: Apprehensions over the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) are now so strong that a team of economic enumerators were allegedly manhandled in Uttar Pradesh's Bijnor district and faced stiff resistance from the people.

A team of the economic census enumerators in Bijnor, on Wednesday, sent a letter to the District Magistrate narrating the difficulties they are facing in some parts "due to misinformation".

District magistrate Ramakant Pandey, when contacted, said that he had asked the department concerned to complete the work on time. "If teams are facing any problems, we will sort it out at once. No hurdle in economic census will be tolerated," he said.

According to District Economic and Statistics Officer, Harendra Malik: "Our teams are facing protests in minority-dominated areas as people are linking it to the NRC. Some team members were manhandled.

"We have now asked village heads and municipality chairmen to help our teams in the survey and convince the people. Our teams are trying to convince them that it is a routine work which is being carried out for years. It has nothing to do with the NRC or CAA."

He further said that they plan to hold a series of meetings with people's representatives, including village heads and chairmen, so that they could put an end to this confusion.

The seventh economic census was flagged off in Bijnor by District Magistrate Ramakant Pandey on January 6. There are around 3,000 enumerators and 569 supervisors engaged in the census being carried out under the supervision of economic and statistics department. It is expected to be completed by March 31.

The economic census is aimed at collecting data about the financial status of people engaged in unorganised sector.

Meanwhile, the areas where the enumerators are facing stiff resistance include Kalhari village in Najibabad block, Amipur Narain village in Mohammadpur Devmal block, Anisa Nangli village in Dwarka block and the Mirzapur Bella village in Jalilpur block.

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