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
January 12,2020

New Delhi, Jan 12: As many as 109 children were sexually abused every day in India in 2018, according to the data by the National Crime Records Bureau, which showed a 22 per cent jump in such cases from the previous year.

According to the recently released NCRB data, 32,608 cases were reported in 2017 while 39,827 cases were reported in 2018 under the Protection of Children from Sexual Offences Act (POCSO).

POCSO Act, 2012 is a comprehensive law to provide for the protection of children from offences of sexual assault, sexual harassment and pornography. It requires special treatment of cases relating to child sexual abuse such as setting-up of special courts, special prosecutors, and support persons for child victims.

As many as 21,605 child rapes were recorded in 2018 which included 21,401 rapes of girls and 204 of boys, the data showed.

The highest number of child rapes were recorded in Maharashtra at 2,832 followed by Uttar Pradesh at 2023 and Tamil Nadu at 1457, the data showed.

Overall crimes against children has increased steeply over six times in the decade over 2008-2018, from 22,500 cases recorded in 2008 to 1,41,764 cases in 2018, according to the NCRB data from 2008 and 2018.

In 2017, 1,29,032 cases of crime against children were recorded.

Priti Mahara, Director of Policy Research and Advocacy at CRY – Child Rights and You (CRY) said, that while on the one hand, the increasing numbers of crimes against children are extremely alarming, it also suggests an increasing trend in reporting which is a positive sign as it reflects people's faith in the system.

"It also provides a direction in which government interventions must be made and evidence needs to be created. While some major efforts have been taken to ensure child protection, a lot more is needed to see expected results on the ground," Mahara said.

In percentage terms, major crime against children during 2018 were kidnapping and abduction which accounted for 44.2 per cent followed by cases under POCSO, which accounted for 34.7 per cent, the data showed.

A total of 67,134 children (19,784 male,47,191 female and 159 transgender) were reported missing in 2018. During the year 2018, a total of 71,176 children (22,239 male, 48,787 female and 150 transgender) were traced, the NCRB data said.

As many as 781 cases of use of child for pornography or storing child pornography material was also recorded in 2018, more than double that of  2017 when 331 such cases were recorded, the data showed.

The state-wise segregation of crimes against children reveals Uttar Pradesh, Madhya Pradesh, Maharashtra, Delhi and Bihar accounted for 51 per cent of all crimes in the country, the data said.

While Uttar Pradesh tops the list with 19,936 recorded crimes against children (14 per cent of total crimes), Madhya Pradesh and Maharashtra are the close second and third with 18,992 and 18,892 crimes registered respectively.

The report also showed that cases of sexual harassment in shelter homes against women and children reportedly increased by 30 per cent, from 544 cases recorded in 2017 to 707 cases in 2018.

Mahara suggested that financial investments must be adequately increased with a focus on prevention of crimes against children and the identification of vulnerable children and families.

"Strengthening community-level child protection system is also a key to prevention. While there is growing evidence of the precarious lives that children in India are leading, it is essential that this evidence is used to effectively inform policy and programme initiatives," she said.

As many as 501 incidences were also recorded under The Prohibition of Child Marriage Act, a 26 per cent jump from 2017 when 395 cases were reported under the Act.

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News Network
March 12,2020

New Delhi, Mar 12: The coronavirus pandemic could deal a crippling blow to the Indian travel and tourism industry, specially with the government suspending all visas, with the economic impact being assessed to run into thousands of crores of rupees. According to industry chamber CII, this is the one of the worst crises ever to hit the Indian tourism industry impacting all its geographical segments - inbound, outbound and domestic, almost all tourism verticals - leisure , adventure, heritage, MICE, cruise, corporate and niche segments.

The whole tourism value chain across hotels, travel agents, tour operations, destinations, restaurants, family entertainment venues and air, land and sea transportation have been hit.

In an impact assessment of the coronavirus pandemic, CII Tourism Committee said inbound foreign tourism of over USD 28 billion in value terms accounts for an average 60-65 per cent between October to March.

"As the news of the virus started picking up from November, the percentage of cancellations started going up in this segment exponentially and is reaching a peak of almost 80 per cent now in March in many Indian locations. The value at risk from this segment will be in multiples of tens of thousands of crores," the CII assessment report said.

With India cancelling all visas, the chamber said the impact "will be worse".

It further said,"The forward bookings for the inbound season of October 2020-March 2021 which should have started picking are all muted. These are showing highly discouraging signs with cancellations of important global travel marts which are marketplaces for contracting for the next season."

It further said there are reports of large scale forward cancellations from NRI segment from developed markets, which account for over 60 per cent during April to September inbound visits.

"Unless the progression of the virus stops, almost the entire value for the remainder of 2020 season is at risk," the report added.

ANAROCK Property Consultants Chairman Anuj Puri said India's hospitality sector will definitely be impacted by the announcement of a global pandemic, and the mounting numbers of confirmed coronavirus cases in the country.

"The cancellation of visas for foreigners as well as the strong advice issued to Indians to refrain from unnecessary travel will have a marked effect. This is the most unsettling healthcare crisis in recent times and hotel bookings will go south," he added.

On Indians being advised to refrain from unnecessary travel, as per the CII report almost 28 million plus Indians are estimated to have travelled outside in 2019 and there were almost 1.8 billion domestic tourist footfalls.

The holiday season of Indians -- those travelling within the country and outside -- is heavy in April-July, October and December.

"The December holiday season of 2019 took an estimated hit of almost 40-50 per cent, the holiday season of April to July 2020 is likely to take a humongous hit which could be as high as 80-100 per cent, unless there is positive news of the progression of virus decreasing," the CII assessment report said.

There are advanced cancellations and highly reduced forward booking pipelines for the holiday season. Only corporates are flying and that too only on highly essential same day travel. Most of the MNCs are advising work from home, stifling travel, it added.

On suspension of visas, MakeMyTrip Group CEO Rajesh Magow told ,"The period between February till the end of March is typically a lean period because of exam season but we are seeing a demand slowdown for the upcoming summer holiday season especially for international travel. The situation remains dynamic making it hard to quantify the actual impact on our business and industry at large."

He further said,"The decision by the government will have an impact on inbound and outbound international travel. So far there are no restrictions or advisories issued for domestic travel."

VFS Global Regional Group COO - South Asia, Middle East and North Africa, Americas Vinay Malhotra said,"While it is too early to comment on the impact of coronavirus on visa application trends, so far, our visa application processes in India continue on schedule as per the mandates of our client governments."

He also said the company is exploring steps to assuage concerns of people about visiting busy public areas due to the nature of the virus by considering discounted rates on courier return services for visa customers who want to avoid returning to the visa centres to pick up their passports.

Besides, he said,"We are also contemplating lower fees for our Visa at your doorstep service, for those customers who are requesting an alternative to visiting the centres to submit visa applications."

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News Network
February 4,2020

New Delhi, Feb 4: The investigation into the incident of violence at Jamia Millia Islamia during an anti-citizenship law protest was at a crucial stage, the Centre told the Delhi High Court on Tuesday.

The submission before a bench of Chief Justice D N Patel and Justice C Hari Shankar was made by Solicitor General Tushar Mehta while seeking more time to file a report regarding the probe.

Taking note of the submission, the bench granted the Centre time till April 29 to file a reply.

During the hearing, senior advocate Colin Gonsalves, appearing for some students of Jamia, said 93 students and teachers filed complaints about alleged attacks on them by police but no FIR has been filed against the agency till date.

The other lawyers for the petitioners alleged that the government has not complied with the court order to file a response within four weeks of the last date of hearing on December 19.

The bench, however, declined to pass any interim order and granted time till April 29 to the government to file a reply.

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