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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Agencies
June 29,2020

New Delhi, Jun 29: The Supreme Court on Monday asked the Central government to find out the facts related to blacklisting and canceling of visas of foreign nationals who attended the congregation of Tablighi Jamaat in Nizamuddin area here.

A three-judge bench headed by Justice AM Khanwilkar and also comprising Justices Dinesh Maheshwari and Sanjiv Khanna asked the Centre to find out the facts related to the matter and fixed it for further hearing on July 2.

The apex court asked Solicitor General Tushar Mehta "if visas of these foreigners are canceled, then why are they still in India?"

"You (Centre) can deport them. If visas are not canceled, then, it is a different situation," the court said. The top court was hearing a number of petitions challenging blacklisting and cancellation of visas filed by few foreigners.

Mehta sought more time to file a reply on the matter, after which the court posted the matter for further hearing on July 2.

The petitions, filed by the foreign nationals from 35 countries, have sought directions to the Ministry of Home Affairs (MHA) to remove their names from the blacklist, reinstate their visas and facilitate their return to their respective countries.

The petitions sought to declare the decision of the MHA of blacklisting the foreign nationals who attended the Tablighi Jamaat congregation as "arbitrary".

"Unilateral blacklisting of 960 foreigners by the Home Ministry vide press release dated April 2, 2020, and the subsequent blacklisting of around 2500 foreigners as reported on June 4, 2020, is in violation of Article 21. Therefore, it is void and unconstitutional as the petitioners have neither been provided any hearing nor notice or intimation in this regard," the plea said.

One of the petitioners named Fareedah Cheema, a Thai national in the seventh month of her pregnancy, said she was quarantined in March, like other foreign nationals but was released from quarantine only in late May and is still at a facility under restricted movements, without the avenue to go back to her home nation and experience the birth of her child with security and dignity, with her loved ones.

These foreign nationals presently in India were blacklisted for a period of 10 years from traveling to India for their alleged involvement in Tablighi Jamaat activities.

The Home Ministry had said that foreign Tablighi Jamaat members, who were staying in India in violation of visa rules during the nationwide lockdown implemented to combat the COVID-19 spread, have been blacklisted.
A large congregation organised by Tablighi Jamaat in the national capital in March had emerged as a major COVID-19 hotspot in the country.

The government had said the decision of banning the foreign Tablighi Jamaat members was taken after details of foreigners found illegally living in mosques and religious places emerged from various states across the country.

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News Network
February 2,2020

New Delhi, Feb 2: The Congress on Sunday released its manifesto for Delhi polls, promising to implement unemployment allowance of Rs 5,000-7,500 per month and cashback schemes for water and power consumers, if voted to power.

Presenting the manifesto, Delhi Congress chief Subhash Chopra said the party will provide free power up to 300 unit per month.

The manifesto also committed to spend 25 per cent budget each year on fighting pollution and improving transport facilities.

An unemployment allowance of Rs 5,000 for graduates and Rs 7,500 for post graduates per month will be provided under the Yuva Swabhiman Yojna, he said.

The Congress will launch flagship cashback schemes for power and water supply to benefit consumers saving these resources. The party, if voted to power, will open 100 Indira Canteens to provide subsidised meals at Rs 15, Chopra said.

The Congress will challenge the Citizenship Amendment Act (CAA) in the Supreme Court and demand the Centre to withdraw the law. The party will also not implement the National Register of Citizens (NRC) and the existing form of the National Population Register (NPR), if voted to power in Delhi.

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News Network
February 24,2020

New Delhi, Feb 24: The shared values between India and the US are "discrimination, bigotry, and hostility towards refugees and asylum seekers", Amnesty International USA said in a joint statement with Amnesty International India ahead of US President Donald Trump's visit to India on Monday.

Trump, accompanied by his wife Melania, daughter Ivanka and son-in-law Jared Kushner as well as senior officials of his administration, landed in Ahmedabad on the first leg of his two-day visit to India.

"Anti-Muslim sentiment permeates the policies of both U.S. and Indian leaders. For decades, the U.S.-India relationship was anchored by claims of shared values of human rights and human dignity. Now, those shared values are discrimination, bigotry, and hostility towards refugees and asylum seekers,” Margaret Huang, Amnesty International USA’s executive director, was quoted as saying in the statement.

It was a reference to the anti-CAA protests in India, the internet lockdown in Jammu and Kashmir and the Muslim ban expansion by President Trump affecting Nigeria, Eritrea, Myanmar, Kyrgyzstan, Sudan and Tanzania, the statement said.

It added that Amnesty International USA’s researchers travelled to Lebanon and Jordan to conduct nearly 50 interviews with refugees that as a result of the previous version of the ban have been stranded in countries where they face restrictive policies, increasingly hostile environments, and lack the same rights as permanent residents or citizens.

The statement also came down hard on the Indian government, hitting out at the Citizenship (Amendment) Act (CAA) 2019 and saying it legitimises discrimination based on religious grounds.

It criticised statements such as “identify them (the protestors) by their clothes” or “shoot the traitors” by Prime Minister Modi and his party workers. Such remarks "peddled the narrative of fear and division that has fuelled further violence", it said.

“The internet and political lockdown in Kashmir has lasted for months and the enactment of CAA and the crackdown on protests has shown a leadership that is lacking empathy and a willingness to engage. We call on President Trump and Prime Minister Modi to work with the international community and address our concerns in their bilateral conversations,” Avinash Kumar, executive director, Amnesty International India said in the statement.

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