Women groups raise 10 concerns in Triple Talaq Bill

Agencies
December 28, 2018

New Delhi,  Dec 28: A group of 40 women rights activists has opposed the Muslim Women (Protection of Rights on Marriage) Bill, 2018, in its present form, raising concerns over 10 points in the Bill which was passed by the Lok Sabha Thursday.

In a statement, they urged the government to withdraw the Bill from consideration in the Rajya Sabha, and review the fundamental flaws pending broad-based community consultations.

Following are the 10 concerns raised by the activists:

1. This Bill disregards the fact that its very objective - to protect the rights of married Muslim women and prohibit divorce by pronouncing 'talaq' by their husband - has already been achieved by the judgement of the Supreme Court.

2. The Supreme Court in Shayara Bano's case held that the practice of 'talaq-e-bidat' is manifestly arbitrary, and therefore, unconstitutional. An act that has no legal consequences being made a criminal offence, cognizable and non-bailable is manifestly arbitrary and therefore, violative of Article 14.

3. There is no rationale to criminalise the practice of talaq-e-biddat and imprison Muslim men. The effect of the Supreme Court's judgment is that the marriage is legally valid and the persons continue to be lawfully wedded. Now, the Muslim men will be incarcerated, thus violating the rights of conjugality of these two persons. Criminalising the husband would also lead to unwanted separation between the couple, against the wishes of the wife.

4. Since Muslim marriage is a civil contract between two adult persons, the procedures to be followed on its breakdown should also be of civil nature. Penal action to discourage the practice of instant triple talaq is a myopic view as it leaves many other issues of economic and social security of women unaddressed.

5. The government should strengthen the negotiating capacities of women by providing them economic and socio-legal support rather than criminalising the pronouncement of triple talaq.

6. The pronouncement of triple talaq having no legal consequences on the marriage means that such a proclamation by a Muslim man is essentially a desertion of the wife. In any of the Personal Laws, the desertion of wife by a man is not a criminal offence. Therefore, while the Bill aims to criminalise the pronouncement of talaq, in effect, it is only criminalising the act of desertion of a Muslim wife by her husband. Criminalising desertion by Muslim men, which constitutes only a civil offence for men of all other religions, is discriminatory under the Constitution.

7. If there is violence within the marriage in addition to the pronouncement of triple talaq, the woman could use the existing provisions of the Protection of Women from Domestic Violence Act, 2005 and Section 498A of the Indian Penal Code. These two laws, taken together, represent a wide spectrum of legal options available for women survivors of domestic violence, encompassing both criminal and civil provisions.

8. No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents, when the erring men are put behind bars. The Domestic Violence Act, 2005 under Section 21 already provides for the aggrieved woman to be provided custody of the child and Section 20 provides for maintenance to be paid to her. Section 125 of the Code of Criminal Procedure, 1973 also provides for maintenance for the aggrieved woman. In fact, the Bill takes a step back in only providing for subsistence allowance for the woman. Subsistence allowance is not defined and is open to interpretation.

9. The Bill allows for the aggrieved woman as well as anyone related to her by blood or marriage to be the complainant. There is no provision for a relative to seek the consent of an aggrieved woman before filing a complaint. The problem becomes particularly acute in the case of inter-religious marriages of Muslim men with a woman of another religion.

10. The terms of imprisonment up to three years is arbitrary and excessive. Serious crimes like Causing death by rash or negligent act (IPC Sec 304A), Rioting (IPC Sec 147), Injuring or defiling place of worship with intent to insult the religion of any class (IPC Sec 295) - all punishable by two years in jail or fine or both. All these criminal acts have lesser punishment than pronouncing triple talaq, which is arbitrary and excessive, and violative of Article 14 of the Constitution.

The statement was signed by 40 activists and women's groups, including Ayesha Kidwai of Jawaharlal Nehru University, Kavita Krishnan of All India Progressive Women's Association (AIPWA), Shabanam Hashmi, Anhad and groups like Bebaak Collective, National Alliance of People's Movements (NAPM), Humsafar Support Centre, Kashmir women's collective, Mahila Sarvangeen Utkarsh Mandal (MASUM), People's Union for Civil Liberties (PUCL), Women's Research & Action Group among others.

The Lok Sabha Thursday passed the Bill which criminalises the practice of instant triple talaq, with the government rejecting the contention that it was aimed at targeting a particular community.

The Muslim Women (Protection of Rights on Marriage) Bill, 2018 was passed by the Lower House with 245 voting in favour and 11 opposing the legislation.

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News Network
April 9,2020

Thiruvananthapuram, Apr 9: Kerala, which was among the first state in the country to report a Corona positive case, has turned its entire public healthcare system into a single interconnected grid to generate uninterrupted information and provide flawless services, thanks to the daily zoom or video conferences of top health authorities for chalking out a dynamic strategy to tackle the COVID-19 pandemic.

The daily zoom or remote conferences held by Health Minister K K Shailaja and top health sector officials with the medical and paramedical personnel on the ground have lent a cutting edge to the state government’s all out efforts in monitoring the situation on the ground and formulating effective responses to address the various needs and concerns of the people, an official release said on Thursday.

The Minister is joined in this meticulous exercise by top administrators and planners, including Dr Rajan N Khobragade, Principal Secretary, Health; Dr. Rathan U Kelker, State Mission Director, National Health Mission, Dr Saritha, Director of Health Services, Dr Ramla Beevi, Director of Medical Education and other senior officials.

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News Network
January 13,2020

Jan 13: For the first time in years, the government of India’s Prime Minister Narendra Modi is playing defense. Protests have sprung up across the country against an amendment to India’s laws — which came into effect on Friday — that makes it easier for members of some religions to become citizens of India. The government claims this is simply an attempt to protect religious minorities in the Muslim-majority countries that border India; but protesters see it as the first step toward a formal repudiation of India’s constitutionally guaranteed secularism — and one that must be resisted.

Modi was re-elected prime minister last year with an enhanced majority; his hold over the country’s politics is absolute. The formal opposition is weak, discredited and disorganized. Yet, somehow, the anti-Citizenship Act protests have taken hold. No political party is behind them; they are generally arranged by student unions, neighborhood associations and the like.

Yet this aspect of their character is precisely what will worry Modi and his right-hand man, Home Minister Amit Shah. They know how to mock and delegitimize opposition parties with ruthless efficiency. Yet creating a narrative that paints large, flag-waving crowds as traitors is not quite that easy.

For that is how these protests look: large groups of young people, many carrying witty signs and the national flag. They meet and read the preamble to India’s Constitution, into which the promise of secularism was written in the 1970’s.

They carry photographs of the Constitution’s drafter, the Columbia University-trained economist and lawyer B. R. Ambedkar. These are not the mobs the government wanted. They hoped for angry Muslims rampaging through the streets of India’s cities, whom they could point to and say: “See? We must protect you from them.” But, in spite of sometimes brutal repression, the protests have largely been nonviolent.

One, in Shaheen Bagh in a Muslim-dominated sector of New Delhi, began simply as a set of local women in a square, armed with hot tea and blankets against the chill Delhi winter. It has now become the focal point of a very different sort of resistance than what the government expected. Nothing could cure the delusions of India’s Hindu middle class, trained to see India’s Muslims as dangerous threats, as effectively as a group of otherwise clearly apolitical women sipping sweet tea and sharing their fears and food with anyone who will listen.

Modi was re-elected less than a year ago; what could have changed in India since then? Not much, I suspect, in most places that voted for him and his party — particularly the vast rural hinterland of northern India. But urban India was also possibly never quite as content as electoral results suggested. India’s growth dipped below 5% in recent quarters; demand has crashed, and uncertainty about the future is widespread. Worse, the government’s response to the protests was clearly ill-judged. University campuses were attacked, in one case by the police and later by masked men almost certainly connected to the ruling party.

Protesters were harassed and detained with little cause. The courts seemed uninterested. And, slowly, anger began to grow on social media — not just on Twitter, but also on Instagram, previously the preserve of pretty bowls of salad. Instagram is the one social medium over which Modi’s party does not have a stranglehold; and it is where these protests, with their photogenic signs and flags, have found a natural home. As a result, people across urban India who would never previously have gone to a demonstration or a political rally have been slowly politicized.

India is, in fact, becoming more like a normal democracy. “Normal,” that is, for the 2020’s. Liberal democracies across the world are politically divided, often between more liberal urban centers and coasts, and angrier, “left-behind” hinterlands. Modi’s political secret was that he was that rare populist who could unite both the hopeful cities and the resentful countryside. Yet this once magic formula seems to have become ineffective. Five of India’s six largest cities are not ruled by Modi’s Bharatiya Janata Party in any case — the financial hub of Mumbai changed hands recently. The BJP has set its sights on winning state elections in Delhi in a few weeks. Which way the capital’s voters will go is uncertain. But that itself is revealing — last year, Modi swept all seven parliamentary seats in Delhi.

In the end, the Citizenship Amendment Act is now law, the BJP might manage to win Delhi, and the protests might die down as the days get unmanageably hot and state repression increases. But urban India has put Modi on notice. His days of being India’s unifier are over: From now on, like all the other populists, he will have to keep one eye on the streets of his country’s cities.

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News Network
January 27,2020

Jan 27: Bollywood Film Director Anurag Kashyap, who has been vocal about his political views on social media, slammed Union Minister Amit Shah and accused him of being 'cheap'.

"How timid our Home Minister is. Its own police, its own goons, its own army and security increases and invades unarmed protestors. Amit Shah has crossed the extent of cheapness and inferiority. History will spit on this animal," Kashyap tweeted.

The film director has taken an active part in the anti-Citizenship Act protest rallies and was against the Jawaharlal Nehru violence. He also came in support of his contemporary Deepika Padukone when the latter faced backlash for showing up at JNU in support of the students.

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