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
May 18,2020

May 18: Goldman Sachs expects India will experience its deepest recession ever after a poor run of data underscored the damaging economic impact of lockdowns in the world’s second-most populous nation.

Gross domestic product will contract by an annualized 45% in the second quarter from the prior three months, compared with Goldman’s previous forecast of a 20% slump. A stronger rebound of 20% is now seen for the third quarter, while projections for the fourth quarter and first of next year are unchanged at 14% and 6.5%.

Those estimates imply that real GDP will fall by 5% in the 2021 fiscal year, which would be deeper than any other recession India has ever experienced, Goldman economists Prachi Mishra and Andrew Tilton wrote in a note dated May 17.

India’s government has extended its nationwide lockdown until May 31, while further easing restrictions in certain sectors to boost economic activity, as coronavirus cases escalate across the country. The announcement followed Finance Minister Nirmala Sitharaman’s fifth briefing in as many days, in which she outlined details of the country’s $265 billion virus rescue package, which is equivalent to 10% of India’s GDP.

 “There have been a series of structural reform announcements across several sectors over the past few days,” the Goldman economists wrote. “These reforms are more medium-term in nature, and we, therefore, do not expect these to have an immediate impact on reviving growth. We will continue to monitor their implementation to gauge their effect on the medium-term outlook.”

Infections are surging across the South Asian nation of 1.3 billion people, with more than 91,300 infections, including 2,897 deaths as of Sunday, according to data from Johns Hopkins University.

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News Network
February 22,2020

Johannesburg, Feb 22: To meet shortage of skilled nursing staff, private hospitals in South Africa are recruiting senior Indian nurses for their good work ethics and ability to become efficient trainers for the local staff, according to a media report.

A report at a 2018 jobs summit indicated that the country had a shortage of more than 47,000 nurses.

The shortage of the skilled nursing staff has been attributed to several factors, including preference of highly qualified nurses to emigrate or take up contract employment in countries such as the UK, the United Aarb Emirates, Saudi Arabia or New Zealand for want of higher salaries, a report in the weekly Business Times said.

Mediclinic, one of South Africa's largest private hospital groups, confirmed that it is recruiting 150 nurses from India this year.

“To supplement our training, as an internal strategy, we will continue to recruit senior registered nurses from India,” a Mediclinic spokesperson told the Business Times.

Mediclinic started recruiting nurses from India in 2005 but could not provide details about how many among the more than 8,800 nurses it employs at its hospitals are from India.

Another company, Life Healthcare SA, said it employed 135 Indian nurses between 2008 and 2014.

Top managements at the hospital groups lauded senior Indian nurses as being very efficient trainers for local staff.

“But we find that many of them prefer coming here on short-term contracts due to family commitments," a hospital executive said on the basis of anonymity.

The official said that the few who apply for long-term positions are usually young newly-qualified nurses, which is not the group in demand.

“They work hard, with a patient-oriented work ethic, and do not have the nine-to-five approach of many local nurses, especially those who are unionised," the official said.

“We would be very happy to take in more nursing staff from India," the official added.

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News Network
May 19,2020

Kolkata, May 19: The super cyclonic storm 'Amphan' in west-central Bay of Bengal is likely to weaken into an 'extremely severe cyclonic storm' by noon on Tuesday, the Met department said here.

The system, which was situated 670 km south-southwest of Digha in West Bengal, is very likely to move north-northeastwards across northwest Bay of Bengal, and cross West Bengal-Bangladesh coasts in the afternoon or evening of Wednesday as a 'very severe cyclonic storm', the Met department said.

The weatherman said that 'Amphan' is expected to cross West Bengal-Bangladesh coasts between Digha in West Bengal and Hatiya islands in Bangladesh on May 20 as a very severe cyclonic storm, after losing some steam as it approaches landfall, with a maximum sustained wind speed of 155 to 165 kmph gusting to 180 kmph.

Gale wind speeds reaching 240 to 250 kmph were prevailing over west-central and adjoining east-central Bay of Bengal, the Met office said, adding, it will gradually reduce to 200 to 210 kmph gusting to 230 kmph by Tuesday evening.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles and extensive damage to all types of 'kutcha' houses, the weatherman said.

There is also likelihood of massive harm to standing crops, plantations and orchards, the Met office said.

Wind speeds along and off the coastal areas of West Bengal will reach 45 to 55 kmph with gusts of 65 kmph from Tuesday afternoon, and will gradually increase becoming gale wind speeds reaching 75 to 85 kmph with gusts up to 95 kmph from May 20 morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met Director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speeds of 165 to 175 kmph gusting to 195 kmph over the districts of North and South 24 Parganas and East Midnapore from the afternoon to night of May 20," Das said.

Under its impact, the coastal districts of Gangetic West Bengal, including North and South 24 Parganas, Kolkata, East and West Midnapore, Howrah and Hooghly are likely to experience light to moderate rain at many places with heavy downpour at isolated places on Tuesday, he said.

On Wednesday, rainfall will occur in many places over the districts of Gangetic West Bengal, with extremely heavy rain at one or two places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

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