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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

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6 years ago

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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

Bill also provides for a subsistence allowance of a harassed Muslim woman and her dependent children along with custodial rights of minor children

In a move that could provide a strong deterrent to the obnoxious practice of instant triple talaq in a section of the Muslim community, the Centre is ready with a draft Bill that proposes a three year jail term for husbands who divorce their wives through Talaq-ul-Biddat – uttering the word talaq three times in one go.

Over three months after a majority verdict by a five-judge Bench of the Supreme Court decried Talaq-ul-Biddat to be “unislamic, arbitrary and unconstitutional”, Prime Minister Narendra Modi’s government is ready with a draft law that would ban instant triple talaq.

The Bill, which proposes a three year jail term and monetary fine for Muslim husbands who divorce their wives by merely uttering talaq thrice in a single stroke – often through Whatsapp or e-mail – is likely to be tabled for passage in the upcoming winter session of Parliament that will be convened from December 15.

The draft Bill, according to media reports, proposes to make instant triple talaq a “cognizable and non-bailable” offence, while it also proposes a slew of other measures like a subsistence allowance and custodial rights of minor children for the wronged Muslim woman in a marriage.

The Bill, which could replace the controversial Muslim Women (Protection of Rights on Divorce) Act, 1986, once it is passed by Parliament has been drafted by a Group of Ministers (GoM) that was constituted by Prime Minister Narendra Modi in the aftermath of the Supreme Court’s historic verdict that banned instant triple talaq in August. The GoM included Union ministers Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad. The GoM was set up after two members of the Supreme Court Bench – then Chief Justice JS Khehar and Justice S. Abdul Nazeer – said in their minority verdict that the issue of banning instant triple talaq should be dealt through legislation and not by the judiciary.

The draft law, titled Muslim Women (Protection of Rights on Marriage) Act, according to a report in the Indian Express, allows a Muslim woman who has been given instant triple talaq to move court, seeking “subsistence allowance” for herself and dependent children, as well as custody of minor children.

These rights were not adequately dealt with in the Muslim Women (Protection of Rights on Divorce) Act, 1986 which was drafted by the Congress government under then Prime Minister Rajiv Gandhi and passed by Parliament largely as a means to overturn the Supreme Court verdict in the Shah Bano case. The 1986 Act had largely dealt with the issue of providing maintenance to the Muslim woman who has been divorced through Talaq-ul-Biddat and had not gone into other equally important issues such as provision for a ‘subsistence allowance’ for her children or her custodial rights of minor children.

The proposed law, sources privy to the draft said, expressly bans instant triple talaq in “oral, written, electronic or any other form” and states that any declaration of Talaq-ul-Biddat by a Muslim man shall be “illegal and void”.

It may be recalled that the All India Muslim Personal Law Board while opposing judicial intervention in the instant triple talaq case had expressed that it was open to a ban on Talaq-ul-Biddat being imposed through an Act of Parliament.

The Bill, once enacted into a law by Parliament, will apply to all Indian states with the exception of the Muslim-majority Jammu and Kashmir since the northern state enjoys autonomy under the Indian Constitution on drafting its own laws.

According to media reports, 244 cases of triple talaq — 177 before the Supreme Court’s verdict of August 22 and 67 ever since — have been reported from across the country this year, with Uttar Pradesh leading the list in Talaq-ul-Biddat cases. These, however, are figures of instant triple talaq cases that are reported and the actual number of such incidents could actually be much higher.

While the merits of banning the practice of instant triple talaq through legislation cannot be denied, it is also important to note that if Prime Minister Modi’s government does succeed in having the law enacted – which it is expected to – there are obvious political and electoral benefits that the move would bring for the BJP.

Banning instant triple talaq has been a poll promise of the BJP for long and the party had raised the issue vociferously during the Uttar Pradesh assembly election campaign earlier this year in the hope that doing so would lead to incremental electoral support among Muslim women for its candidates. BJP leaders had, after the party’s stunning victory in Uttar Pradesh, claimed that Prime Minister Narendra Modi’s pitch for banning instant triple talaq had struck a chord with the Muslim women of the states, who had in turn voted for the BJP. While the truth behind the claim is hard to establish, it certainly makes for good political rhetoric for the BJP which otherwise has an anti-Muslim image.

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Swati Maliwal undergoes medical check-up, internal injuries on face

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May 17, 2024

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AAP Rajya Sabha MP Swati Maliwal sustained internal injuries in her face after being reportedly assaulted by an aide to Delhi Chief Minister Arvind Kejriwal, as per reports. Maliwal spent more than three hours on Friday at AIIMS, Delhi, having a medical examination.

Meanwhile, the Delhi Police has stepped up its hunt for Bibhav Kumar, Kejriwal’s assistant, one day after filing a formal complaint in relation to the incident. After a Delhi Police squad recorded Maliwal’s statement at her home, a FIR was filed.

The former head of the Delhi Commission for Women (DCW) said in her complaint that Bibhav Kumar had punched, kicked, slapped, and beat her with a stick.

Earlier, on Thursday evening, Swati Maliwal underwent a medical check-up for about four hours. Along with Maliwal, a Delhi Police squad arrived at AIIMS at 11 p.m. and left at 3:15 a.m. Maliwal was accompanied by Vandana Singh, a member of the Delhi Commission for Women. There was a CT scan and an X-ray.

Swati Maliwal has claimed in her lawsuit that she was repeatedly struck on sensitive body parts and subjected to physical assault.

Delhi Police has stepped up its investigation into the matter in the interim.A team of police reached Bibhav Kumar’s house, but he was not found.

Approximately ten police teams are looking into the matter; four of the units are tracking Bibhav’s whereabouts. According to sources, Bibhav might be in Amritsar. Additionally, since the INDIA bloc is planned to have a rally in Mahrashtra, police believe Bibhav may be there.

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PM Modi slams Congress, SP for stance on CAA, says nobody can remove

PM Modi today addressed a rally Lalganj, Azamgarh, Uttar Pradesh, where he said nobody can remove CAA

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22 hours ago

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May 16, 2024

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Prime Minister Narendra Modi on Thursday, May 16, attacked the opposition for allegedly trying to spark violence by disseminating false information over the Citizenship Amendment Act (CAA). He continued by saying that citizenship under the CAA is now being granted by the country.

The prime minister claimed no one can do it, despite the INDI alliance members claims that they will remove CAA. Get real-time updates about the 2024 Lok Sabha elections.

PM Modi said, on the CAA issue, political parties like Congress and Samajwadi Party propagate false information. They made every effort to ignite riots and burn the entire nation, including UP, the PM added. Members of this INDI alliance still maintain that Modi introduced the CAA and that it will be removed the day he leaves the office.

Challenging the opposition, PM said, Desh mein koi maai ka laal paida hua hai jo CAA hata sake? (has anyone been born in this country who has the ability to repeal the CAA?) No one is able to remove CAA, he said. Addressing the rally in Lalganj, Azamgarh, Uttar Pradesh, PM Modi said, they tried to do votebank politics under the guise of fake secularism, and they made Hindus and Muslims fight against each other.

Under the CAA, the process of giving citizenship certificate to refugees has already begun, the PM added. These are the individuals who have long been residents of the county as refugees and who suffered from the country’s religiously motivated division, PM Modi continued.

Additionally, PM Modi alleged that the Congress was ignoring these refugees.

Under the mask of CAA, the Congress and the SP attempted to spread misinformation. They tried to create disturbances in Uttar Pradesh and all across the country, he claimed.

PM Modi added that the enthusiasm displayed by Srinagar voters during the polls is evidence that nobody can reinstate Article 370 and engage in vote-bank politics.

Congress and Samajwadi Party wanted to split the national budget and give 15% to minorities, PM Modi said.

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Swati Maliwal case: Delhi CM Arvind Kejriwal refuses to answer, Akhilesh Yadav says other issues are more important

Rajya Sabha MP Swati Maliwal was assaulted by Delhi Chief Minister Arvind Kejriwal’s Personal Secretary Bibhav Kumar

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23 hours ago

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May 16, 2024

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Delhi Chief Minister Arvind Kejriwal refused to comment about AAP Rajya Sabha MP Swati Maliwal’s assault case during a joint press conference with Akhilesh Yadav in Lucknow today. On Monday, May 13, Rajya Sabha MP Swati Maliwal allegedly suffered an assault by Kejriwal’s personal secretary Bibhav Kumar.

Samajwadi Party (SP) chief Akhilesh Yadav, who was attending the press conference along with AAP leader Sanjay Singh and Kejriwal, said there are other issues that are more important than this.

Kejriwal, who was seated between Akhilesh Yadav and Sanjay Singh, continued to avoid questions on the assault case. Sanjay Singh then asked about Prime Minister Narendra Modi’s silence on several topics, including the ethnic violence in Manipur.

When asked about the Swati Maliwal situation, AAP MP Sanjay Singh took a defensive posture throughout the press conference. He said that he had already given the required reaction to the issue and emphasized that the situation should not be used for political advantage.

Singh restated that the AAP operates as a unified entity. During the summit, he also expressed worries on the situation in Manipur.

The AAP MP said, after witnessing what occurred in Manipur, the entire nation was in pain, yet PM Modi remained silent on the matter. Thousands of women were raped by Prajwal Revanna, while PM Modi was pleading for Prajwal Revanna’s support. The officials physically assaulted DCW chief Swati Maliwal during our wrestlers’ protest at Jantar Mantar. PM Modi said nothing about these problems. Our family, AAP, has made a very clear statement. All these points he raised should have answers from the BJP and PM Modi. On Swati Maliwal’s issue, politics should not be engaged, Sanjay Singh added.

Meanwhile, days after the party threatened to take strict action against him, Bibhav Kumar was seen earlier on Wednesday night at the Lucknow airport with Sanjay Singh and the AAP national convener.

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