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Allahabad HC says triple talaq not sustainable

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Allahabad HC says triple talaq not sustainable

[vc_row][vc_column][vc_column_text]Justice Surya Prakash Kesarwani said rights of a citizen cannot be overrun under the guise of personal law

Agencies and APN correspondent

The practice of triple talaq (divorce) in one sitting is unsustainable and bad in law because Muslim marriages are contracts that cannot be ended unilaterally by the husband, the Allahabad High Court observed on Tuesday.

The observations were made by Justice Surya Prakash Kesarwani in Aqeel Jameel v/s Sumalia, residents of Varanasi. The woman is pursuing criminal charges against her husband for allegedly torturing her for dowry and divorcing her when she refused to pay. Aqeel claimed that he had already given talaq and possesses a fatwa issued by the Darul Ifta at Jama Masjid in Agra.

The case hearing ended on April 19 and the copy of the judgment was made public on Tuesday. The court dismissed Aqeel’s plea to drop criminal proceedings against him.

The court observed that the practice of triple talaq was illegal and said that no personal law can overrule the country’s Constitution. The basic rights of Muslim women provided under Articles 14, 15 and 21of the Constitution can’t be violated under the guise of Muslim Personal Law. Any society where women were not given respect can’t be considered civilised, the order said.  Human rights can’t be violated on the basis of gender. A Muslim man cannot divorce violating the law of equality and basic individual rights. Any fatwa, against the judicial system of the country cannot be considered legal, the court observed.

The High Court also justified the summons issued by Additional Civil Judicial Magistrate (ACJM) Varanasi against Aqeel Jameel and observed that it was prima facie a case of criminal nature.

The practice of triple talaq under which a man can divorce his wife by saying the word “talaq” thrice has attracted national attention after several victim women approached the Supreme Court against the custom. The Central government has opposed triple talaq in the Supreme Court saying it was unconstitutional because it was based on gender bias.

A five-judge Supreme Court bench will start hearing the petitions demanding scrapping of triple talaq from May 11, giving up its two-month summer break for the first time.[/vc_column_text][/vc_column][/vc_row]

India News

Former CJI Justice MN Venkatachaliah to launch India Legal App tomorrow

The India Legal App will be launched by former Chief Justice of India Justice M.N. Venkatachaliah, who is also the Chief Patron of India Legal magazine,  in Bengaluru. Several legal luminaries of the country will attend the event online in a webinar.

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India Legal app launch

The India Legal Research Foundation will on Saturday, June 10, launch the much-awaited multilingual India Legal App, a path-breaking legal helpline that allows every citizen of India to access high calibre legal help from the safety of her/his home at the touch of a button.

The India Legal App will be launched by former Chief Justice of India Justice M.N. Venkatachaliah, who is also the Chief Patron of India Legal magazine,  in Bengaluru. Several legal luminaries of the country will attend the event online in a webinar.

Former Chief Justice of India Justice U.U. Lalit, Attorney General R. Venkataramani, Solicitor General Tushar Mehta, Senior Advocate and Balaji Foundation Chairperson Pradeep Rai, National Law University Delhi Vice Chancellor Prof (Dr) GS Bajpai, Former IIM Bangalore Dean Prof Trilochan Sastry, Supreme Court Advocates-on-Record Association President Manoj K. Mishra and India Legal Editor-in-Chief Inderjit Badhwar will take part in the webinar. The event will be livestreamed on Facebook and YouTube on the India Legal and APN News accounts.

The India Legal App intends to change the way legal aid is made available to the people. The app gives ease of access, as a person can have a jargon-free discussion on complex matters with lawyers.

The complete assurance of privacy and easy payment methods is certain to make the legal experience of people very different from interminable hassles they may have heard about.

The app can be used in 6 Indian languages,  including English, Hindi, Gujarati, Marathi, Bengali and Punjabi.  

The app is also useful in times of distress as a person sensing trouble or threat can contact a legal ‘friend’ till the time the police arrives.

Lawyers associated with the India Legal App assure to help people 24×7, ready to guide them through extremely tough situations, wherever they are in the country.

The India Legal App is an embodiment of trust and faith. Any individual can install this app on their mobile and directly communicate with a lawyer.

Slowly, this facility will extend to even those without mobile phones. They can avail of this service through their nearest common service centres, or Jan Suvidha Kendra/Setu/e-Seva Kendra/Pragya Kendra.

The service will be available at a reasonable cost, which can then also be paid at that service centre.

The India Legal App services include:

  • 1. Free legal advice over the phone.
  • 2. Payment of a specified amount for legal advice through audio and video calls.
  • 3. Payment of a specified amount for document preparation.
  • 4. Payment of annual membership fees to receive legal services.

Additionally, the India Legal App provides legal information and related videos to ensure users of the India Legal App are well-informed about legal matters.

India Legal is a respected politico-legal weekly magazine (both print and online) in the country, with complete professional journalistic and expert inputs. Its readers include lawyers, law firms and those related to the judiciary and justice system.

The India Legal Research Foundation (ILRF) is a non-profit organisation equipped with senior lawyers and devoted to bring justice to those who deserve it, but cannot afford it. ILRF provides free legal aid to the deserving and people in need.

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Karnataka News

Karnataka removes chapters on RSS founder Hedgewar from school books, BJP leaders protest

Union Minister Rajeev Chandrashekhar said the alleged removal of the chapters on the RSS founder was a crime against Youth.

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Karnataka removes chapters on RSS founder Hedgewar from school books,BJP leaders protest

The BJP and the Congress are divided over the inclusion of RSS founder Keshav Baliram Hedgewar in chapters of school textbooks in Karnataka.

Union Minister Rajeev Chandrashekhar said the alleged removal of the chapters on the RSS founder was a crime against Youth. The BJP has hit out at the Karnataka government demanding an apology that it is distorting history.

BJP Leader CN Ashwath Narayan said the Congress should take its time and should not take decisions in a hurry. He further added, as a government it should take into account the concerns of all sections of the society.

While the Congress MLC BK Hari Prasad said the Karnataka government will not include chapters on the RSS founder because he considered him as a coward and a fake freedom fighter.

Karnataka Education minister Madhu Bangarappa said the school syllabus will be changed from this year itself. He said old textbooks would not be recalled but supplementary textbooks will be sent to the teachers explaining what topics to be taught and what topics to be left out.

He said the changes in the syllabus was being made keeping in mind the future of the children. He added, the Congress had already made the announcement in the pre election manifesto itself.

He did not go into the details and said a special technical team is going to handle the process of revision of the textbooks.

The Congress had promised in thier election manifesto that they would remove the National Education Policy. He also added, the changes in the syllabus would be minimum so that no inconvenience is caused to the students in their studies.

The technical team will give their suggestions and recommendations which will be sent to the Education Minister.The Minister will discuss the changes in the syllabus with the cabinet members. This process will take 10-15 days.

After winning the recent held state election, the Congress said they are going to change the syllabus of the textbooks. They said they are not going to allow texts and lessons to poison the minds of their children.   

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India News

Punjab CM Bhagwant Mann says Punjab government will buy Goindwal thermal plant

Mann said the remaining coal will be used in Goindwal thermal plant which will lead to cheaper source of electricity.

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Punjab CM Bhagwant Mann says Punjab government will buy Goindwal thermal plant

Punjab CM Bhagwant Mann has announced the Punjab government will buy Goindwal thermal plant. He said the government has coal stored only for 45 more days.

Mann said the remaining coal will be used in Goindwal thermal plant which will lead to cheaper source of electricity. Makind a veiled attack on the BJP, Mann said some governments sell state assets but the AAP government buys private assets.

Earlier Mann had said there was a requirement of 1000 mega-watt electricity for cultivation of paddy. The Indian Meteorogical Department (IMD) has stated there will be less rainfall this year in Punjab, hence, there will be greater dependency on electricity for agriculture.

Mann had even written a letter to Union Power Minister R K Singh stating about the shortage of electricity in the state. If there is less rainfall then the cultivation of paddy will get affected.   Although, the Union government has not responded to the problem of Punjab yet.

Mann said Goindwal Power plant is being bought on a private basis hence tender will be floated among the bidders for the plant. The Goindwal Power plant is on the verge of bankruptcy. He said the plant will be bought and will be made operational again. The power plant has a capacity of 540 mega-watt. Reports said, this will not have any impact on the present electricity production in the state.

An agreement will be made between the Punjab State Power Corporation and the bidder who wins the tender.

A cabinet panel will be called for the bidding to take place. According to reports, about 12 parties have come forward to buy the Thermal Power Plant. PSPCL is one of the twelve parties bidding for the Goindwal thermal power plant.

Punjab Power Minister Harbajan Singh ETO, Finance Minister Harpal Cheema and Agriculture Minister Gurmeet Singh Khuddian will part of the Cabinet to carry out the bidding process.

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