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
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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News Network
July 18,2020

New Delhi, Jul 18: With 34,884 people testing positive for coronavirus in the last 24 hours, India's Covid-19 caseload surged to 10,38,716 while 6,53,750 patients have recovered from the disease so far, according to data by the Union Health Ministry.

The death toll due to Covid-19 rose to 26,273 with 671 fatalities reported in a day, the data updated at 8 am on Saturday showed.

At present, there are 3,58,692 active cases in the country, while 6,53,750 people have recovered so far and one has migrated.

"Around 62.94 per cent of patients have recovered so far," an official said.

The total number of confirmed cases includes foreigners.

This is the third consecutive day when the number of Covid-19 cases increased by more than 30,000.

According to the Indian Council of Medical Research (ICMR), a cumulative total of 1,34,33,742 samples have been tested for COVID-19 up to July 17 with 3,61,024 samples being tested on Friday.

Of the 671 deaths reported in the last 24 hours, 258 are from Maharashtra, 115 from Karnataka, 79 from Tamil Nadu, 42 from Andhra Pradesh, 38 from Uttar Pradesh, 26 each from West Bengal and Delhi, 17 from Gujarat, nine each from Jammu and Kashmir and Punjab, and eight each from Madhya Pradesh and Rajasthan.

Telangana has reported seven fatalities followed by Haryana with five deaths, Jharkhand, Bihar and Odisha reported four each, Assam and Puducherry have registered three each, Chhattisgarh and Goa reported two each while Kerala and Uttarakhand have registered a fatality each.

Of the total 26,273 deaths reported so far, Maharashtra accounted for the highest 11,452 fatalities followed by Delhi with 3,571 deaths, Tamil Nadu 2,315, Gujarat 2,106, Karnataka 1,147, Uttar Pradesh 1,084, West Bengal 1,049, Madhya Pradesh 697 and Rajasthan 546.

So far 534 people have died of COVID-19 in Andhra Pradesh, 403 in Telangana, 327 in Haryana, 239 in Punjab, 231 in Jammu and Kashmir, 201 in Bihar, 83 in Odisha, 51 in Uttarakhand and Assam each, 46 in Jharkhand and 38 in Kerala.

Puducherry has registered 25 deaths, Chhattisgarh 23, Goa 21, Himachal Pradesh and Chandigarh 11 each, Arunachal Pradesh and Tripura three each, Meghalaya and Dadra and Nagar Haveli and Daman and Diu two each while Ladakh has reported one fatality.

The Health Ministry stressed that more than 70 per cent of the deaths occurred due to comorbidities.

Maharashtra has reported the highest number of cases at 2,92,589 followed by Tamil Nadu at 1,60,907, Delhi at 1,20,107, Karnataka at 55,115, Gujarat at 46,430, Uttar Pradesh at 45,163 and Telangana at 42,496.

The number of Covid-19 cases has gone up to 40,646 in Andhra Pradesh, 38,011 in West Bengal, 27,789 in Rajasthan, 24,797 in Haryana, 23,589 in Bihar and 21,081 in Madhya Pradesh.

Assam has instances of 20,646 infections, Odisha 16,110 and Jammu and Kashmir 12,757 cases. Kerala has reported 11,066 novel coronavirus infections so far, while Punjab has 9,442 cases.

A total of 4,964 have been infected by the virus in Chhattisgarh, 4,921 in Jharkhand, 4,102 in Uttarakhand, 3,304 in Goa, 2,366 in Tripura, 1,832 in Puducherry, 1,800 in Manipur, 1,417 in Himachal Pradesh and 1,151 in Ladakh.

Nagaland has recorded 956 Covid-19 cases, Chandigarh 660, Arunachal Pradesh 609 and Dadra and Nagar Haveli and Daman and Diu together have reported 585 cases.

Meghalaya has reported 403 cases, Mizoram 282, Sikkim has registered 266 infections so far, while Andaman and Nicobar Islands has recorded 194 cases.

"Our figures are being reconciled with the ICMR," the ministry said, adding that 163 cases are being reassigned to states.

State-wise distribution is subject to further verification and reconciliation, it added.

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News Network
June 17,2020

New Delhi, 17: Tensions on the Indo-China border have spiked to the highest since 1962 after over 20 troops, including an Indian commanding officer, were killed in the face-off in Galwan valley that has seen a six-week long standoff underway with the Peoples Liberation Army.

The Army said that the soldiers – including the Commanding Officer of 16 Bihar regiment in charge of the area – died while a `de-escalation process’ was underway. Sources said that this death toll could rise up as some soldiers are currently not accounted for after PLA troops attacked with spiked sticks and stones in the Galwan valley.

Chinese side also has casualties but the number is still not known. The Indian death toll is perhaps the worst single day loss in decades and has come at a time when thousands of troops are forward deployed in Eastern Ladakh.

ET was the first to report on May 12 about a massive troop build up in the Galwan valley, which is an old flashpoint that had seen action in the 1962 war as well.

There have been reports of casualties on the Chinese side in the clash but numbers are currently not available. Worryingly, information from the ground suggests that several Indian soldiers, including four officers, are missing and could have been taken captive by a vastly larger Chinese force. Their status is still not known.

“During the de-escalation process underway in the Galwan Valley, a violent face-off took place yesterday night with casualties. The loss of lives on the Indian side includes an officer and two soldiers. Senior military officials of the two sides are currently meeting at the venue to defuse the situation,” an Indian Army statement reads.

The Ministry of External Affairs said that the clash occurred when the Chinese side violated the LAC. “On the late-evening and night of 15th June, 2020 a violent face-off happened as a result of an attempt by the Chinese side to unilaterally change the status quo there. Both sides suffered casualties that could have been avoided had the agreement at the higher level been scrupulously followed by the Chinese side,” a statement reads.

The loss of the Commanding Officer is especially devastating and he had been directly involved in de-escalation talks with the Chinese side, including one hours before the clash took place. Sources said that the talks on Monday morning had led to an agreement for Chinese forces to withdraw from Indian territory as part of the disengagement.

According to one version, the CO had gone to the standoff point with a party of 50 men to check if the Chinese had retreated as promised. As the Indian side proceeded to demolish and burn illegal Chinese structures on its side of the LAC, including an observation post constructed on the South bank of the river, a fresh stand off took place as a large force of Chinese troops returned back.

Sources said that a Chinese force in excess of 250 quickly assembled near Patrol Point 14 and were physically stopped by Indian soldiers from entering Indian territory. Soldiers from both sides did not use firearms but the Chinese soldiers carried spiked sticks to attack.

Given the terrain of the region, a part of the standoff and clash took place in the middle of the Galwan river that is currently flowing at full spate, leading to high casualties as injured soldiers got swept away. Indian soldiers have to cross the Galwan river at atleast five points to reach PP 14, which marks the LAC.

Chinese media reports on Tuesday quoted the spokesperson from its Western Theatre Command as laying claim over the Galwan valley region and blaming the Indian side for the clash. Reports quoted Col Zhang Shuili as saying that India has violated the consensus made during Army commander level talks.

As reported, Galwan river area has a painful history with China, with Peoples Liberation Army (PLA) soldiers surrounding a freshly set up Indian Army post in July 1962, in what would be one of the early triggers to the Sino-Indian war. At an Army post that was overrun at Galwan, 33 Indian soldiers were killed and several dozen taken captive in 1962.

In the past, the Doklam crisis in 2017 saw tensions building up along the Pangong Tso lake as well with soldiers engaging in a fight with sticks and stones. However, the Eastern Ladakh standoff is of a much more serious nature, with over 6000 Chinese troops lined up with tanks and artillery, faced off with a larger Indian forces. Troop build up has also been reported across the borders in Himachal Pradesh, Uttarakhand, Sikkim and Arunachal.

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