Triple Talaq verdict: Centre won't rush to enact a new law

DHNS
August 22, 2017

New Delhi, Aug 22: The Centre is unlikely to rush into getting Parliament to pass a legislation following the Supreme Court's verdict declaring Islamic instant divorce law as arbitrary and unconstitutional.

Rather, the government will send an advisory to all States to ensure the compliance of the Supreme Court order on 'triple talaq', officials said.

As the law ministry officials put it, the SC's majority judgment has already made it clear that triple talaq is unconstitutional and illegal. 

Law minister Ravi Shankar Prasad said, "We will consider the issue in a structured manner but the prima facie reading of the judgment is that triple 'talaq' has been declared unconstitutional and illegal."

Minority affairs minister Mukhtar Abbas Naqvi said the Centre would not do what the Rajiv Gandhi government did to negate the apex Court's verdict in the Shah Bano case by passing the Muslim Women (Protection of Rights on Divorce) Act, 1986. 

This nullified the SC's verdict in favour of granting Shah Bano maintenance from her ex-husband under Section 125 of the Criminal Procedure Code, with an upper limit of Rs. 500 per month.

From today onwards, if someone says triple talaq to a Muslim woman, it will not lead to divorce. Some amendments could be considered by the Muslim Personal Law (Shariat) Application Act, 1937 as this law covers the Muslim marriages, law officials said. 

During the hearing, the then Attorney General of India, Mukul Rohatgi had said that all forms of talaq must be abolished and if such a thing is done by the court, then the government will indeed enact a legislation to regulate Muslim divorces.

On Tuesday, Chief Justice JS Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard after taking into account progress made in Muslim Personal Law – 'Shariat', in various other Islamic countries.

But the majority judgement by Justices Kurian Joseph, RF Nariman and UU Lalit held it as violative of the Constitution. Justice Kurian Joseph, a part of the majority bench, went to the extent in stating that, “it is not for the Courts to direct for any legislation.”

Meanwhile, the top BJP leadership asked the party leaders to show restraint and not make it a religious issue. BJP spokespersons were told to treat it as a gender issue, related to equality of women.

Comments

Hasan
 - 
Wednesday, 23 Aug 2017

Talaq is a worst thing permited in islam and should be done in only rarest to rarest possible time. But few people misuse this for thier own  stupid benifits. Now if goverment will not pass the law and refer this judgement these people may follow our honourable prime ministers foot steps ( ie Abandon and go for others). In this case even bhakts also will not have a word to oppose.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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News Network
June 17,2020

New Delhi, Jun 17: Petrol and diesel prices were increased in metros on Wednesday, marking the eleventh straight day of increase since state-owned oil companies returned to the normal practice of daily reviews following a 12-week pause. With effect from 6 am, the price of petrol was increased by 55 paise per litre, and diesel by 69 paise per litre in Delhi, compared to the previous day. While the price of petrol was revised to Rs 77.28 per litre in the national capital from Rs 76.73 per litre the previous day, the diesel rate was increased to Rs 75.79 per litre from Rs 75.19 per litre, according to notifications from state-run Indian Oil Corporation, the country's largest fuel retailer. In the 11-day period, the price of petrol has been increased by a cumulative Rs 6.02 per litre, and diesel by Rs 6.49 per litre.

International crude oil prices retreated on Wednesday, weighed down by an increase in US crude inventories and worries about a potential second wave of the coronavirus pandemic. Brent crude futures - the global benchmark for crude oil - were last seen trading 1.0 per cent lower at $40.56 per barrel.

State-run oil marketing companies revise the prices of petrol and diesel from time to time, besides aviation turbine fuel (ATF) - or jet fuel - and liquefied petroleum gas (LPG). However, since March 16, the oil companies had kept petrol and diesel prices on hold, possibly due to the volatility in global oil markets.

Fuel retailing in the country is dominated by state refiners - Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation. The three own about 90 per cent of the retail fuel outlets in the country.

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News Network
June 29,2020

New Delhi, Jun 29: A disturbing video of a Covid-19 patient, speaking his last words, after his oxygen supply was allegedly cut off, has surfaced on social media. The patient reportedly died after indicating that the oxygen supply to him was cut off despite his requests.

The video has a 35-year-old Covid-19 patient bidding good-bye to his family, from a government hospital bed in Hyderabad. The patient Ravi Kumar can be seen speaking out against the negligence of of the medical staff in providing ventilator support to him when he needed it the most.

The video has led to social media outrage as it attracted public attention towards plight of patients in government hospitals

"I am not able to breathe, I pleaded but they did not continue oxygen for the last three hours. I am not able to breathe anymore daddy, it's like my heart has stopped, Bye daddy. Bye to all, daddy," these were apparently the final words of the man, who spoke in his local dialect, and shared on social media.

Several reports have claimed that the man had been admitted to government Chest hospital, after several private hospitals refused to admit him. His ventilator support was allegedly taken off in the hospital, after which he recorded the video message.

The victim’s family shared the video message for the public to know of the negligence.

Reports have it that Ravi’s covid-19 report, which testes positive, was given to family a day after his death, when 30 of his family members performed the final rites, thus making all of them vulnerable to the virus. Ravi’s father has alleged that the test was done on June 24 and Ravi died on June 26, while the report was given to them on June 27.

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