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Enact law banning triple talaq, don’t use courts for politics, say lawyers

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Enact law banning triple talaq, don’t use courts for politics, say lawyers

[vc_row][vc_column][vc_column_text]South Asian Minorities Lawyers Association says triple talaq should not be a weapon in the hands of politicians

By Abu Turab

The government should bring in legislation to ban triple talaq under the Penal Code, said senior advocates associated with the South Asian Minorities Lawyers Association (SAMLA), and not leave it to courts to intervene in issues related to Muslim Personal Law.

The advocates called upon community leaders to introspect and come up an unanimous opinion on the vexed issue.

Addressing a discussion on triple talaq at Indian Law Institute in New Delhi on Thursday, senior lawyer Mehmood Pracha, who is also the president of the regional organization, claimed Muslim women enjoy maximum liberty as marriage is basically a contract where both parties can include conditions before entering into a matrimonial relationship.

He said triple talaq in one sitting is already banned in Delhi, Maharashtra and Jammu and Kashmir because of certain court orders, which has certainly not empowered Muslim women.

Pracha said women, irrespective of religion, were already protected by the Domestic Violence Act, Section  25 of the CRPC and Section 125 B of the Indian Penal Code, where special provision of maintenance is mandatory. In case of former husband’s inability to bear the costs, the woman is eligible to receive financial assistance from state waqf boards.

Pracha, who is also member of All India Muslim Personal law Board (AIMPLB), believed that being an NGO, the Muslim body does not have executive power. At most, they may ask community members to boycott the person who misuses provision of triple talaq.

He advised that courts should not allowed to be misused for political reasons. It should be clear that formulating legislation is government’s duty and not  that of the judiciary. The issue of triple talaq is being misused for political ends.  If  the government is really concerned about the welfare of women, it should come up with legislation having provision of huge penalty and imprisonment for triple talaq in one sitting.

Suggesting a solution, Pracha said the Domestic Violence Act should be made more effective and the provision of granting 75 percent of husband’s assets to the woman should be made mandatory. Make the law of divorce so fearsome that triple talaq is prohibited, he added.

He criticised the present law saying that women have no right to complaint against adultery and are forced to bear the harassment every day.

Maulana Mohammad Jafar of the Jamaat-e-Islami Hind and convener of Muslim Personal Law Awareness Campaign, said the government was responsible to bring in legislations and getting them executed.

He said triple talaq in one sitting was condemned by Prophet Muhammad. It does not have the sanctity like other Islamic laws. He acknowledged that some people misused Islamic laws by giving triple talaq in one sitting. “We all should work together to prohibit misuse of any law,” he said.

Mushtaq Ahmed, another senior advocate, supported the government which has submitted an affidavit in the Supreme Court saying triple talaq was incorrect. He advised all Muslims to adopt Shia and Ahl-e-Hadees jurisprudence rejecting triple talaq.

Suhel Ayubi said Muslims should be advised the solution to the triple talaq controversy based on Islamic law and scriptures.

Niyaz Farooqui, one of the senior thinkers of Jamiat Ulema-e-Hind, advised that no sect can assert that their practices were right while those of others were wrong. Each jurisprudence was free to interpret Islamic law as it deems fit. However nobody should be allowed to sow seeds of difference on such issues.

Shahid Rizvi, while delivering keynote address, said that practice of talaq was rampant among Arabs before the advent of Islam. In fact Prophet Muhammad reformed the provisions of talaq for safeguarding the interests of the women.

He observed that Muslim religious and social leaders have not done anything to correct the course of the triple talaq practice. In fact, we are wrong when we expect a non-Muslim judge and advocates to understand Islamic laws as we desire. Community should come forward with solution of the vexed issue. He referred to several verses of the Holy Quran describing the process of talaq and rights of men and women. He asserted that Islam is easy and straight forward religion. “We must have our own mechanism to resolve the issues,” he suggested.

It was decided that SAMLA will also organise a discussion about the Hindu personal law for creating awareness among the law practitioners and the general public.[/vc_column_text][/vc_column][/vc_row]

2024 Lok Sabha Elections

PM Modi takes a dig at Rahul Gandhi after Congress picks him for Raebareli, says daro mat, bhago mat

PM Modi, speaking at a Lok Sabha election rally in Bengal, said both Rahul Gandhi and Sonia Gandhi had fled their constituencies.

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Prime Minister Narendra Modi today commented for the first time to Congress leader Rahul Gandhi’s announcement of his candidacy for the Raebareli seat. Rahul is making his way towards Raebareli because he is afraid of Amethi seat, according to the PM.

The Prime Minister sneered as he said at a rally in Bengal that today he also want to tell him, Daro Mat (don’t be afraid), Bhaago Mat (don’t run).

Rahul Gandhi has often said, Daro Mat while accusing the BJP government of using investigaticve agencies to terrorise critics and political opponents.

According to Prime Minister Modi, there is no need for an exit poll or opinion survey because Congress would lose by a greater margin than the previous time.

Their tallest leader did not have the guts to fight the polls in Raebareli, Prime Minister Modi added, making reference to Sonia Gandhi. She went away and joined the Rajya Sabha in Rajasthan.

The PM reffered Rahul Gandhi as Shehzaada and said he would lose Wayanad, as he has predicted. He was searching for a second seat because of this. Also, their supporters said that he would battle from Amethi. However, PM Modi said, he is so afraid that he ran to Raebareli to find a way out.

Additionally, he claimed that the I.N.D.I.A bloc is only committed to the voting base of a specific locality.

Speaking out against the TMC and the Left-Congress allience in Bengal, Prime Minister Modi claimed he was not afraid since he had overcome poverty. Getting scared is not in his dictionary. He is determined to work for the country, he said.

Meanwhile, the Amethi-Raebareli decision was attacked by a number of BJP leaders, who claimed it was obvious that Rahul Gandhi knew he couldn’t win Amethi, where Smriti Irani is contesting again following her stunning success in the previous Lok Sabha election.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: Rahul Gandhi to contest from Raebareli, KL Sharma from Amethi

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The Congress party unveiled its list of candidates on Friday, and the party has picked Rahul Gandhi from Raebareli and Kishori Lal Sharma from Amethi has been nominated. After a great deal of speculation regarding the two Uttar Pradesh seats, the announcement was made.

Raebareli and Amethi have both been strongholds for the Congress. Rahul Gandhi lost against BJP leader and Union Minister Smriti Irani in the 2019 Lok Sabha elections from Amethi.

Taking to social media X, Congress announced their decision to field Rahul Gandhi from Raebareli and KL Sharma from Amethi, which was made at a meeting of the Central Election Committee.

Today is the final day to submit nominations for the  fifth phase of the election, which is scheduled to held on May 20th. Both the candidates will file nominations today. 

Priyanka Gandhi praised KL Sharma shortly after the nominees for the two prestigious seats were revealed, stating that his loyalty and dedication will help him win the election.

She wrote X, her family has known Kishori Lal Sharma ji for a very long time. His dedication to serving the public good serves as an example. The Congress Party’s decision to nominate Shri Kishori Lal Ji as an Amethi candidate is a matter of joy. She also said Kishori Lal Sharma will undoubtedly win this election because of his devotion to duty and loyalty.

However, given Union minister Smriti Irani’s success in Amethi in 2019, there is worry that Rahul Gandhi’s change of seat could work in the BJP’s favour. With her impending victory, the senior BJP leader has said that the Congress’s delay was due to cold feet and is prepared to defend the seat.

KL Sharma will contest against Smriti Irani in Amethi in the Lok Sabha elections. While, Rahul Gandhi’s opponent would be Dinesh Pratap Singh, who was named by BJP for Raebareli on Thursday. Singh lost the 2019 Lok Sabha elections to former Congress president Sonia Gandhi.

Meanwhile, Rahul Gandhi  is scheduled to hold a roadshow in Raebareli after filing of nominations. Congress President Mallikarjun Kharge will also visit Raebareli today.

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2024 Lok Sabha Elections

Brij Bhushan Sharan Singh’s son Karan gets BJP Lok Sabha ticket from Kaiserganj

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

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BJP on Thursday dropped sitting Kaiserganj MP Brij Bhushan Sharan Singh, who has been accused of sexual harassment by women wrestlers and gave a ticket to his son, Karan Bhushan Singh. Karan Bhushan, Brij Bhushan’s younger son, is the president of the Uttar Pradesh Wrestling Association. He is also the head of The Cooperative Bank in Nawabganj in Gonda district.

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

He has also holds a diploma in business management from Australia. Karan Bhushan Singh is presently the president of the Uttar Pradesh wrestling association. Earlier he was the senior vice president of the UP wrestling association. Elections will be take place in Kaiserganj in the 5th phase of Lok Sabha elections on May 20. Karan Bhushan Singh is likely to file his nomination from Kaiserganj on May 3.

There has been a lot of speculation and suspense on Brij Bhushan Sharan seat this time as the former Wrestling Federation of India (WFI) chief, who is also a 6-term MP, had been accused of sexual harassment by some of the India’s top wrestlers.

Many female wrestlers, including medallists, protested against the BJP leader and demanded his arrest over the charges of sexual harassment while he was serving the position of the WFI president. Wrestlers, including Sakshi Malik and Bajrang Punia, sat on a protest at the Jantar Mantar and demanded action against the Kaiseganj MP.

The Delhi Police later registered a case against Brij Bhushan Sharan Singh under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354D (stalking), 354A (sexual harassment) and 506 (criminal intimidation) of the IPC, on June 15, 2023. But he was granted bail on July 20, 2023.

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