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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Agencies
August 8,2020

The Civil Aviation Ministry announced an initial assistance of Rs 10 lakh to the dependents of the deceased in the Kozhikode AIE plane crash, while the Kerala government also announced a compensation of Rs 10 lakh each.

Minister of Civil Aviation, Hardeep Singh Puri, who visited the mishap spot on Saturday, said that a detailed probe is already on and the pilot and co-pilot were highly experienced.

He also announced a compensation of Rs 2 lakh each to the injured and Rs. 50,000 each to those who suffered minor injuries. The other normal compensations would be decided in due course.

Puri said that Captain Deepak Vasant Sathe, aged 59, who commandeered the AIE flight, had a flying experience of 10,848 hours, while co-pilot Akhilesh Kumar, aged 32, had a flying experience of 1,723 hours.

"Deepak was one of the most distinguished and experienced pilots. He had a commanding experience of 6,662 hours and was commander of B-737 aircraft for 4,244 hours. He had also operated to Kozhikode international airport 27 times. He joined AIE in 2013 and prior to that he served with the IAF and HAL. He was a figher pilot and a recipient of prestigious sword of honour and a gold medalist," said Puri.

Puri said that even as the flight slipped down to around 35 feet, a major disaster was averted due to timely rescue operations. Local people played an exemplary role and the fire brigade's timely action of cutting the plane body and rescuing the passengers minimised the casualties, he said.

Chief Minister Pinarayi Vijayan also said that the local people and all rescue and relief agencies did a well co-ordinated job. The state government would also meet the entire treatment expenses of the injured.

Till Saturday afternoon, the total number of deaths was 18. While 149 were still in hospitals, 23 were discharged.

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News Network
July 5,2020

New Delhi, Jul 5: With highest-ever single-day spike of 24,850 COVID-19 cases in 24 hours, India's coronavirus count stood at 6,73,165, informed the Union Ministry of Health and Family Welfare on Sunday.

Out of the total cases, 2,44,814 are active cases. On the other hand, India's cured/discharged patients count crossed the 4 lakh mark with 4,09,082 patients cured/discharged and one patient migrated.

As many as 613 deaths due to coronavirus were reported in the country in the last 24 hours taking the death toll in the country to 19,268.

Meanwhile, the ministry said that collective and focused efforts for containment and management of COVID-19 by the government of India along with the States/UTs have led to the number of recovered cases among COVID-19 patients rise to 4,09,082 as of today.

"During the last 24 hours, a total of 14,856 COVID-19 patients have been cured. So far, there are 1,64,268 more recovered patients than COVID-19 active cases. This takes the national recovery rate amongst COVID-19 patients to 60.77 per cent," the ministry said.

"With 786 labs in government sector and 314 private labs, there are as many as 1,100 labs in India," it added.

As per the Health Ministry, coronavirus cases in Maharashtra -- the worst affected state from the infection -- has breached the 2 lakh mark with 2,00,064 cases including 8,671 deaths.

Tamil Nadu reported 4,150 fresh COVID-19 cases and 60 deaths today, taking total cases to 1,11,151 and death toll to 1,510. Number of active cases stands at 46,860, according to the State Health Department.

Delhi's coronavirus tally nears the 1 lakh mark with 99,444 cases and the number of people succumbing to the virus stands at 3,067 in the national capital. As many as 9,873 RT-PCR tests and 13,263 rapid antigen tests were conducted today in Delhi. Total tests done so far stands at 6,43,504.

Meanwhile, Indian Council of Medical Research informed that the total number of samples tested up to July 4 is 97,89,066 of which 2,48,934 samples were tested yesterday.

There were seven new COVID-19 cases in the last 24 hours in Chandigarh, taking total cases to 466 including 395 recoveries and six deaths.
Himachal Pradesh Health Department informed that COVID-19 cases reach 1,048 in the state, of which, 309 cases are active and 715 have recovered.

Andhra Pradesh has reported 998 new COVID-19 cases and 14 deaths in the last 24 hours, according to a media bulletin released by AP state COVID nodal officer.

A total of 1,155 COVID-19 cases were reported in the last 24 hours in Uttar Pradesh on Sunday, taking the total number of active cases to 8,161 in the state, an official said. According to the official data, a total of 18,761 people have been cured while 785 people have died due to the virus in the state.

Eighteen more personnel of Indo-Tibetan Border Police (ITBP) tested positive for COVID-19 in the last 24 hours. There are total 151 active cases and 270 have recovered till date.

While, in the last 24 hours, 36 more Border Security Force (BSF) personnel tested positive for COVID-19 and 33 have recovered. There are 526 active cases and 817 personnel have recovered till date.

In Rajasthan, 224 fresh COVID-19 positive cases and 6 deaths were reported today. The total number of cases rose to 19,756 including 3,640 active cases and 453 deaths.

Odisha reported 469 new COVID19 positive cases in the last 24 hours, taking the total number of positive cases in the state to 9,070 including 5,934 recovered cases and 3,090 active cases, according to the health department.

Uttarakhand reported 31 new COVID-19 cases in the last 24 hours, taking total cases to 3,124. Recovery rate among COVID-19 patients stands at 80.79 per cent.

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News Network
May 28,2020

May 28: Abdul Kareem was forced out of school and into a life of odd jobs like repairing bicycles before he finally managed to pull his family out of abject poverty transporting goods across Delhi in a mini truck.

The job, and the slim financial security that came with it, was the first stepping stone to a better life.

All that is now gone as India reels under the economic impact of its protracted coronavirus lockdown. Mr Kareem's out of a job and stranded in his village in Uttar Pradesh with his wife and two children. Their minuscule savings from his Rs 9,000 a month job have been exhausted, and the money he saved for books and school uniforms is spent.

"I don't know what the job situation will be in Delhi once we go back," Mr Kareem said. "We can't stay hungry so I will do whatever I find."

At least 49 million people across the world are expected to plunge into "extreme poverty" -- those living on less than $1.90 per day -- as a direct result of the pandemic's economic destruction and India leads that projection, with the World Bank estimating some 12 million of its citizens will be pushed to the very margins this year.

Some 122 million Indians were forced out of jobs last month alone, according to estimates from the Center for Monitoring Indian Economy, a private sector think tank. Daily wage workers and those employed by small businesses have taken the worst hit. These include hawkers, roadside vendors, workers employed in the construction industry and many who eke out a living by pushing handcarts and rickshaws.

For Prime Minister Narendra Modi, who came to power in 2014 promising to lift the poorest citizens out of poverty, the fallout from the lockdown brings with it significant political risk. He won an even larger second term majority last year on the strength of his government's popular social programs that directly targeted the poor, such as the provision of cooking gas cylinders, power and public housing. The breadth and depth of this renewed economic pain will only increase the pressure on his government as it works to steer the country's economy back on track.

"Much of the Indian government's efforts to mitigate poverty over the years could be negated in a matter of just a few months," said Ashwajit Singh, managing director of IPE Global, a development sector consultancy that advises several multinational aid agencies. Noting that he did not expect unemployment rates to improve this year, Singh said: "More people could die from hunger than the virus."

Desperate Times

Mr Singh points to a United Nations University study estimating 104 million Indians could fall below the World Bank-determined poverty line of $3.2 a day for lower-middle-income countries. This will take the proportion of people living in poverty from 60% -- or 812 million currently, to 68% or 920 million -- a situation last seen in the country more than a decade ago, he said.

A World Bank report found the country had been making significant progress and was close to losing its status as the country with the most poor citizens. The impact of PM Modi's lockdown risks reversing those gains.

The World Bank and the CMIE estimates were published in late April and early May respectively. Since then the situation has only become grimmer, with harrowing images of people making desperate attempts to reach their villages, on crowded buses, the flatbeds of trucks and even on foot or on bicycles dominating media coverage.

The Rustandy Center for Social Sector Innovation at the University of Chicago Booth School of Business analyzed the unemployment data from the CMIE, collected through surveys covering about 5,800 homes across 27 states in April.

Researchers found rural areas were the hardest hit, and the economic misery was the result of the lockdown, rather than the spread of infections in the hinterland. More than 80% of households had experienced a drop income and many won't survive much longer without aid, they wrote in a report.

The government has promised cheap credit to farmers, direct transfer of money to the poor and eased access to food security programs -- but these help people who have some documentation, which many of the poorest don't. With millions of impoverished people now in transit across the country, the food security situation is dire -- news reports are emerging of people foraging through piles of rotting fruit or eating leaves.

Shattered Economy

The economy was already growing at its slowest pace in over a decade when the virus struck. The lockdown, which came into effect on March 25, has hammered it, stalling business activity and putting a lid on consumption, pushing the economy to what may be its first full-year contraction in more than four decades.

It's dire enough to warrant the country exiting its lockdown, as it has been doing incrementally since May 4, even as its infections are surging. India is now Asia's virus hotspot with infections crossing 151,000 according to data from Johns Hopkins University.

PM Modi, who has come under criticism for the pain inflicted on the poor, has said his government will spend $265 billion or about 10% of its GDP to help Asia's third-largest economy weather the pandemic's fallout. But experts say only a part of it is direct fiscal stimulus, and probably smaller than the total damage done to the economy during the lockdown period.

"What is especially worrying is the government's response," said Reetika Khera, an economics professor at the Indian Institute of Technology in Delhi. "The epidemic will magnify existing -- and already high -- inequalities in India."

Still, the economic measures aren't going to kick in for some time and industry will likely struggle to restart because of the flight of labour from industrial hubs.

And as the harsh summer unfolds more pain lies in store in the villages now dealing with returning migrant workers.

"There are no factories or industries here, there are just hills," said Surendra Hadia Damor, who had walked nearly 100 km from Ahmedabad, Gujarat, before a voluntary organisation drove him to his village in the neighboring state of Rajasthan. "We can survive for a month or two and then try and find a job nearby -- we will see what happens."

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