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Instant ‘triple talaq’ is unconstitutional says SC in 3:2 split verdict, asks Centre to draft rules within 6 months

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If the Centre fails to draft the rules and have a legislation passed by Parliament within the set time frame, then the injunction on ‘triple talaq’ will continue since a majority of the five-judge Bench of the Apex Court has ruled the practice as “arbitrary and unconstitutional”.

At 10.55 AM, on Tuesday, the abominable and ‘unislamic’ practice of instant triple talaq was deemed as “manifestly arbitrary and unconstitutional” in a majority verdict of a five-judge Bench of the Supreme Court.

While three judges ruled in favour of an instant ban on the practice, two others – including Chief Justice of India JS Khehar – directed the Centre to draft rules on the validity of triple talaq and have a legislation passed by Parliament within six months.

However, since the Supreme Court has passed a majority verdict (in the opinion of Justices Kurien Joseph, Rohinton Nariman and UU Lalit) calling triple talaq or Talaq-ul-Biddat “unconstitutional”, should the Parliament fail to legislate on the matter within the 6-month timeframe, the ban on instant triple talaq will continue.

In a tersely worded opinion, Justices Nariman and Lalit said: “it is clear that this form of talas (Talaq-ul-Biddat) is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation…this form of talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution… and must be struck down as being void.”

The historic verdict – its lure only slightly diminished because it wasn’t unanimous as Chief Justice Khehar and Justice S Abdul Nazeer thought it better to lob the controversial ball in the court of the government and Parliament – comes as a major relief to lakhs of Muslim women across India whose lives have been ruined due to the practice of triple talaq.

Shayara Banu, a key petitioner in the case, expectedly welcomed the judgement saying it was “a historic day for Muslim women and the government too should now bear the opinion of the three judges (who termed triple talaq as unconstitutional) in mind while framing an appropriate legislation that reaffirms the invalidity of the practice.”

The All India Muslim Personal Law Board (AIMPLB) which had opposed both, a judicial intervention in what it called an “internal matter of the Muslim community” and any effort to ban triple talaq, has now been left with little option for a recourse. However, the legal committee of the AIMPLB will now study the verdict and give its opinion on it to the Board’s executive committee which will then discuss, at a meeting scheduled for September 10 in Bhopal, “the future course of action” available to it.

What needs to be born in mind, however, is that the order of the Supreme Court can be applied only to ban the practice of instant triple talaq or Talaq-ul-Biddat as only this was the matter under jurisdiction. The order does not state anything on banning, regulating or upholding the other form of divorce prevalent in the Islamic community – Talaq-ul-Sunnat or revocable divorce. Talaq-ul-Sunnat, which finds sanction in the Hadees/Hadith (the preachings of Prophet Mohammed), allows for a divorce to be revoked if the husband and wife reconcile their differences. Instant triple talaq, however, doesn’t find any mention in the Quran or the Hadees as has been pointed out by several Islamic scholars and legal experts during the hearing in the Supreme Court and also upheld by the three judges who termed it an “arbitrary” practice.

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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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