SC to examine constitutional validity of polygamy, 'nikah halala' among Muslims

Agencies
March 26, 2018

New Delhi, Mar 26: The Supreme Court of India today agreed to examine the constitutional validity of the practices of polygamy and 'nikah halala' among the Muslims and sought responses from the Centre and the Law Commission.

A bench headed by Chief Justice Dipak Misra considered the submission that an earlier five-judge constitution bench, in its 2017 verdict, had kept open the issue of polygamy and 'nikah halala' while quashing triple talaq.

Today, the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, said a fresh five-judge constitution bench would be set up to deal with the constitutionality of 'nikah halala' and polygamy.

While polygamy allows a Muslim man to have four wives, 'nikah halala' deals with the process in which a Muslim woman has to marry another person and get divorced from him before being allowed to marry her divorcee husband again.

By a majority of 3:2, a five-judge constitution bench had earlier held triple talaq as unconstitutional in its judgement last year.

The bench was hearing at least three petitions including some PILs challenging the practices on various grounds including that they violate Right to Equality and gender justice.

Delhi BJP leader Aswini Kumar Upadhyay, who filed a PIL on March 5, claimed that the ban on polygamy and 'nikah-halala' was the need of the hour to secure basic rights.

The harm caused to the women due to the practices of triple talaq, polygamy and 'nikah-halala' is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order, morality and health, Upadhyay's petition said.

He sought a declaration "that the provisions of the IPC are applicable on all Indian citizens and triple talaq is a cruelty under section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC, 'nikah-halala' is rape under section 375 (rape) of the IPC, and polygamy is an offence under section 494 (marrying again during lifetime of husband or wife) of the IPC."

On March 14, a Delhi-based woman, had moved the apex court saying that by virtue of Muslim Personal Law, section 494 of IPC (marrying again during lifetime of husband or wife) was rendered inapplicable to this community and no married Muslim woman has the avenue of filing a complaint against her husband for the offence of bigamy.

She sought to declare the Dissolution of Muslim Marriages Act, 1939, unconstitutional and violative of Articles 14, 15, 21 and 25 (freedom of conscience and free profession, practice and propagation of religion) of the Constitution in so far as it fails to secure for Indian Muslim women the protection from bigamy which has been statutorily secured for women in India belonging to other religions.

The petitioner, who herself claimed to be a victim of such practices, has alleged that her husband and his family used to torture her for want of more dowry and she was ousted from the matrimonial home twice.

She also alleged that her husband had married another woman without taking any legal divorce from her and the police had refused to lodge FIR under section 494 and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC stating that polygamy was permitted under the Sharia.

Later on March 18, a Hyderabad-based lawyer, had also challenged the practice of polygamy, claiming that all these types of marriages under the Muslim personal law violate the fundamental rights of Muslim women.

The petition has contended that while the Muslim law allows a man to have multiple wives by way of the temporary marriages or polygamy, same permission is not extended to women.

The petition has opposed the practice of Nikah Halala, where a divorced woman has to remarry and then get a talaq before being able to marry her first husband, as well as Nikah Mutah and Nikah Misyar -- both temporary marriages where duration of the relationship is specified and agreed upon in advance.

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Agencies
March 15,2020

Ahmedabad, Mar 15: Four Congress MLAs in Gujarat have tendered their resignation to Assembly Speaker Rajendra Trivedi ahead of the election to the four Rajya Sabha seats in the state to be held on March 26.

The four Congress legislators tendered their resignation on Saturday, which Trivedi has accepted.

Trivedi told this to PTI on Sunday.

He said he will announce the names of the legislators in the Legislative Assembly on Monday.

"Four Congress MLAs tendered their resignation to me on Saturday, and I will announce their names in the Assembly tomorrow," he said.

With this, the strength of the Congress party in the 182-member Gujarat Assembly has come down to 69 from 73.

The Congress had on Saturday shifted its 14 MLAs to Jaipur fearing horse-trading by the ruling BJP ahead of the Rajya Sabha polls.

The BJP has fielded Abhay Bhardwaj, Ramila Bara and Narhari Amin for the election.

Given its number in the Assembly, the ruling party can only win two seats unless it manages cross-voting from the opposition camp or ensures defection of Congress MLAs to win the third seat.

The Congress has fielded senior leaders Shaktisinh Gohil and Bharatsinh Solanki.

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News Network
January 18,2020

New Delhi, Jan 18: The Supreme Court Friday refused to entertain a PIL seeking conferment of 'Bharat Ratna' on Mahatma Gandhi saying that people hold the father of the nation in “high esteem”, beyond any formal recognition.

A bench, comprising Chief Justice S A Bobde and justices B R Gavai and Surya Kant, however asked petitioner Anil Dutta Sharma to give representation to the central government in this regard.

“Mahatma Gandhi is the father of nation and people hold him in high esteem, beyond any formal recognition,” the bench said.

The issue of directing the government to award Bharat Ratna to the father of the nation was not a “justiciable issue”, it said.

The bench however said that it agreed with the sentiments of the petitioner for granting official decoration to Mahatma Gandhi.

Disposing of the petition, the top court said, “We will allow you to give a representation to the Centre in this regard.”

Sharma, in his PIL, had sought a direction to the government to give “official decoration” to Mahatma Gandhi to honour him for the contribution to the nation.

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News Network
March 16,2020

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.

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