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
February 14,2020

New Delhi, Feb 14: Senior Congress leader P Chidambaram on Thursday said there must be a "huge mass movement" if any Muslim was sent to detention camps in case the Supreme Court upheld the validity of the Citizenship Amendment Act (CAA).

Speaking at the JNU campus, the former Union minister said the CAA was an outcome of the "NRC fiasco" in Assam that left 19 lakh people out of the document.

The CAA was brought to accommodate the 12 lakh Hindus among the 19 lakh people who could not be included in the National Register of Citizens (NRC) in Assam, he claimed.

Replying to a question by a student on the best course of action if the CAA was upheld by the apex court, Chidambaram said, "When they touch the excluded...they will only be Muslims, to identify and throw them out, declare them stateless, there must be a huge mass movement, resisting any Muslim being thrown out or kept in detention camps."

He also said the Congress believed that the CAA must be repealed and there should be a political struggle so that the National Population Register (NPR) was pushed beyond 2024.

Claiming that the NRC, CAA and NPR were "closely connected" to each other, Chidambaram said, "The CAA was brought due to the NRC fiasco in Assam and the opposition to the CAA gave way to the NPR."

He asserted that the Congress was protesting against the CAA and the NRC across the country, but had consciously avoided going to Shaheen Bagh, as in that case, the ruling Bharatiya Janata Party (BJP) would brand the demonstration against the amended citizenship law as a "political" one.

"See, we are not going to Shaheen Bagh because that would be falling into the BJP's trap. If we go there, they (BJP) will say it is political," the senior Congress leader said.

Slamming the CAA and the NRC as instruments undermining the very basis of the formation of India, he said the country, instead, needed a "broad law" on refugees.

Speaking at an event against the NRC, CAA and NPR hosted by the Congress's student wing, NSUI, at the Jawaharlal Nehru University (JNU), Chidambaram accused the BJP of spreading lies against Opposition parties.

"The BJP says the Congress, the Left and other liberal parties are against citizenship to persecuted Hindus, Sikhs from Pakistan, Bangladesh. But we are not against those included, our opposition is against exclusion," he said.

Questioning the rationale behind the CAA, the former finance minister said it excluded people on the basis of religion.

"Why only three countries, what about other neighbouring countries — Nepal, Bhutan, China? What about others treated much worse? The Ahmadiyas and Shias of Pakistan, the Rohingyas of Myanmar, Tamil Hindus are equally persecuted, why are they left out?" he questioned.

Chidambaram also said the CAA did not cover persecution based on language, political ideology and economic deprivation.

Slamming the NRC, he wondered which country would accept those left out of the document.

"Which country is going to accept them? How will they go? Where will you send them? (Home Minister) Amit Shah saying that they are termites and he will throw them out by 2024 is talking through his hat," the senior Congress leader said.

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News Network
January 22,2020

Jan 22: India's ranking in the latest global Democracy Index has dropped 10 places to the 51st spot out of 167 owing to violent protests and threats to civil liberties challenging freedoms across the country.

Prime Minister Narendra Modi's government has been criticized by rights groups and western governments after shutting off the internet and mobile phone networks and detaining opposition politicians in Kashmir.

Modi’s government has also responded harshly to ongoing protests against a controversial, religion-based citizenship law. Muslims have said their neighborhoods have been targeted, while the central government has attempted to ban protests and urged TV news channels not to broadcast “anti-national” content. Some leaders in Modi’s ruling party called for “revenge” against protesters. India’s score in 2019 was its worst ranking since the EIU’s records began in 2006, and has fallen gradually since Modi was elected in 2014.

The Economist Intelligence Unit’s 2019 Democracy Index, which provides an annual comparative analysis of political systems across 165 countries and two territories, said the past year was the bleakest for democracies since the research firm began compiling the list in 2006.

“The 2019 result is even worse than that recorded in 2010, in the wake of the global economic and financial crisis,” the research group said in releasing the report on Wednesday.

The average global score slipped to 5.44 out of a possible 10 -- from 5.48 in 2018 -- driven mainly by “sharp regressions” in Latin America, Sub-Saharan Africa, the Middle East and North Africa. Apart from coup-prone Thailand, which improved its score after holding an election last year, there were also notable declines in Asia after a tumultuous period of protests and new measures restricting freedom across the region’s democracies.

Asia Declines

Hong Kong, meanwhile, fell three places to rank 75th out of 167 as more than seven months of violent and disruptive protests rocked the Asian financial hub. An aggressive police response early in the unrest, when protests were mostly peaceful, led to a “marked decline in confidence in government -- the main factor behind the decline in the territory’s score in our 2019 index,” the group said.

In Singapore, which ranked alongside Hong Kong at 75th, a new “fake news” law led to a deteriorating score on civil liberties.

“The government claims that the law was enacted simply to prevent the dissemination of false news, but it threatens freedom of expression in Singapore, as it can be used to curtail political debate and silence critics of the government,” EIU analysts said.

China’s score fell to just 2.26 in the EIU’s ranking, placing it near the bottom of the list at 153, as discrimination against minorities, repression and surveillance of the population intensified. Still, in China “the majority of the population is unconvinced that democracy would benefit the economy, and support for democratic ideals is absent,” the EIU said.

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News Network
February 24,2020

New Delhi, Feb 24: They hail from vastly different backgrounds — Donald Trump is the son of a property tycoon while Narendra Modi is a descendant of a poor tea-seller.

Yet the two teetotallers, loved by right-wing nationalists in their home countries, share striking similarities that have seen them forge a close personal bond, analysts say.

Ahead of the American leader's first official visit to India, which begins in Modi's home state of Gujarat on Monday, the world's biggest democracy has gone out of its way to showcase the chemistry between them.

In Gujarat's capital Ahmedabad, large billboards with the words "two dynamic personalities, one momentous occasion" and "two strong nations, one great friendship" have gone up across the city.

"There's a lot that Trump and Modi share in common, and not surprisingly these convergences have translated into a warm chemistry between the two," Michael Kugelman of the Washington-based Wilson Center said.

"Personality politics are a major part of international diplomacy today. The idea of closed-door dialogue between top leaders has often taken a backseat to very public and spectacle-laden summitry."

Since assuming the top political office in their respective countries — Modi in 2014 and Trump in 2017 — the two men have been regularly compared to each other.

Trump, 73, and Modi, 69, both command crowds of adoring flag-waving supporters at rallies. A virtual cult of personality has emerged around them, with their faces and names at the centre of their political parties' campaigns.

A focus of Trump's administration has been his crackdown on migrants, including a travel ban that affects several Muslim-majority nations, among others, while critics charge that Modi has sought to differentiate Muslims from other immigrants through a contentious citizenship law that has sparked protests.

Both promote their countries' nationalist and trade protectionist movements — Trump with his "America First" clarion call and Modi with his "Make in India" mantra.

And while they head the world's largest democracies, critics have described the pair as part of a global club of strongmen that includes Russia's Vladimir Putin and Brazil's Jair Bolsonaro.

"There are many qualities that Trump and Modi share — a love for political grandstanding and an unshakable conviction that they can achieve the best solutions or deals," former Indian diplomat Rakesh Sood said.

Modi and Trump have sought to use their friendship to forge closer bonds between the two nations, even as they grapple with ongoing tensions over trade and defence.

Despite sharing many similarities in style and substance, analysts say there are some notable differences between the pair.

Modi is an insider who rose through the ranks of the Bharatiya Janata Party after starting out as a cadre in Rashtriya Swayamsevak Sangh.

Trump is a businessman and a political outsider who has in some sense taken over the Republican Party.

"Modi is a more conventional leader than is Trump in that he hasn't sought to revolutionise the office he holds in the way that Trump has," said Kugelman, a longtime observer of South Asian politics.

He added that genuine personal connections between leaders of both countries have helped to grow the partnership.

"George Bush and Manmohan Singh, Barack Obama and Singh, Obama and Modi, now Modi and Trump — there has been a strong chemistry in all these pairings that has clearly helped the relationship move forward," he added.

Trump has also stood by the Indian leader during controversial decisions, including his revocation of autonomy for Kashmir and his order for jets to enter Pakistani territory following a suicide bombing.

Analysts said the leaders would use the visit to bolster their image with voters.

A mega "Namaste Trump" rally in Ahmedabad on Monday will be modelled after the "Howdy, Modi" Houston extravaganza last year when the Indian leader visited the US and the two leaders appeared before tens of thousands of Indian-Americans at a football stadium.

"The success of this visit... will have a positive impact on his (Trump's) re-election campaign and the people of Indian origin who are voters in the US — a majority of them are from Gujarat," former Indian diplomat Surendra Kumar said.

"On the Indian side, the fact that Prime Minister Modi... (shares) such warmth, bonhomie and informality with the most powerful man on Earth adds to his stature... as well as with hardcore supporters."

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