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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]

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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