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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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MK Stalin predicts frequent PM Modi visits to Tamil Nadu before assembly election

MK Stalin has said Prime Minister Narendra Modi will visit Tamil Nadu more often ahead of the Assembly election, calling the tours politically motivated and questioning the Centre’s support to the state.

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MK Stalin

Tamil Nadu Chief Minister M. K. Stalin has predicted that Prime Minister Narendra Modi will increase his visits to the state as the Assembly election, expected in April or May, draws closer.

Speaking ahead of the polls, the DMK president said the Prime Minister has already begun touring Tamil Nadu and is likely to visit frequently in the coming months. He claimed that such visits could create discomfort within the BJP-led National Democratic Alliance (NDA), as alliance partners may fear the political impact of repeated appearances.

Stalin calls visit politically motivated

The Chief Minister described the Prime Minister’s scheduled programmes in the state as “politically motivated”. PM Modi is set to attend various events in Madurai in southern Tamil Nadu, including the inauguration of the first phase of the AIIMS hospital project. He is also expected to visit the Thiruparankundram Temple amid the Karthigai Deepam-related controversy and participate in a public meeting organised by the NDA.

Stalin said he has been working for all sections of the population, including those who did not vote for his party. In contrast, he remarked that some leaders are visible in the state only during election time and increase their visits as polls approach.

Criticism over Union Budget allocations

The DMK leader also criticised the BJP-led central government, accusing it of neglecting Tamil Nadu. He pointed out that while approval was recently granted for the Gujarat Metro project, there were no major announcements or allocations for Tamil Nadu in the Union Budget.

Stalin asserted that voters would remember the lack of significant measures for the state. He framed the upcoming election as a contest between Tamil Nadu and the NDA, stating that the state should be governed from Fort St George in Chennai rather than from Delhi.

The ruling DMK is currently allied with several smaller parties and, at present, the Congress, as it seeks a third consecutive term in office. Its principal rival, the AIADMK, is aligned with the BJP as part of the NDA.

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Shashi Tharoor questions Centre over Kerala name change to Keralam

Shashi Tharoor has criticised the Centre’s decision to approve renaming Kerala as Keralam, questioning its impact and pointing to the lack of major projects for the state.

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shashi tharoor

Congress MP Shashi Tharoor has criticised the central government over its decision to approve the renaming of Kerala as ‘Keralam’, arguing that the move prioritises symbolism over development.

Reacting to the Union Cabinet’s approval, Tharoor said that the state’s name has always been ‘Keralam’ in Malayalam and questioned the practical impact of introducing the Malayalam term into English usage.

“It has already been ‘Keralam’ in Malayalam. So now, a Malayalam word is coming into English. I don’t know what difference it makes,” he said, adding that the state has not received major projects such as an AIIMS or new institutions from the Centre. He also pointed out that no significant allocations were made for Kerala in the Union Budget.

In a separate post on X, Tharoor raised what he described as a “small linguistic question” about what residents of the state would be called if the name change is implemented. Referring to existing terms such as “Keralite” and “Keralan”, he remarked that alternatives like “Keralamite” sounded like a microbe and “Keralamian” like a rare earth mineral.

The Union Cabinet, chaired by Prime Minister Narendra Modi, cleared the proposal on Tuesday. The move comes ahead of the upcoming state Assembly elections, in which 140 members of the legislative assembly are to be elected. The poll schedule is yet to be announced by the Election Commission of India.

The state assembly had earlier passed a resolution seeking the change in official records. Chief Minister Pinarayi Vijayan had moved the resolution in 2024, urging the Union government to adopt the name ‘Keralam’ in all languages listed in the Eighth Schedule of the Constitution.

He had stated that the demand for a united Kerala for Malayalam-speaking people dates back to the national freedom movement.

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Tamil Nadu potboiler: Now, Sasikala to launch new party ahead of election

Sasikala has announced the launch of a new political party ahead of the Tamil Nadu Assembly elections, positioning herself against AIADMK chief Edappadi K Palaniswami.

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In a significant political development ahead of the Tamil Nadu Assembly elections, expelled AIADMK leader V. K. Sasikala has announced that she will float a new political party and contest the polls by fielding her own candidates.

Speaking in Madurai before heading to Pasumpon for a public event, Sasikala said she would unveil her party’s flag later in the evening. She indicated that more details regarding the party’s structure and plans would be shared at the gathering.

The event venue carries political symbolism. Pasumpon is the birthplace of Thevar leader Muthuramalinga Thevar, and Sasikala herself belongs to the influential Thevar community in southern Tamil Nadu. The programme was held as part of birth anniversary events of former Chief Minister J. Jayalalithaa.

Direct challenge to EPS

Sasikala’s move is being viewed as a direct political challenge to AIADMK general secretary Edappadi K. Palaniswami (EPS). After Jayalalithaa’s death in 2016, Sasikala briefly took control of the party and had appointed Palaniswami as Chief Minister. However, following her conviction in the disproportionate assets case, she served a four-year prison term, and during that period, she was expelled from the party.

Palaniswami later aligned with O. Panneerselvam, whom Sasikala had earlier removed from the Chief Minister’s post. The two leaders subsequently adopted a dual leadership arrangement within the party and government.

Sasikala remains disqualified from contesting elections until 2027 due to her conviction. Nevertheless, she has stated that she intends to field candidates under her new party banner.

Fragmented Thevar vote base

Over the years, expulsions within the AIADMK — including Sasikala, her nephew TTV Dhinakaran and O Panneerselvam — have led to divisions within the Thevar support base. Political observers have linked this fragmentation to the party’s weakened electoral performance in the elections following Jayalalithaa’s passing.

While Dhinakaran has returned to the NDA fold, reports suggest Palaniswami is opposed to any arrangement that includes Sasikala or Panneerselvam. OPS, meanwhile, has exited the NDA.

Sasikala has repeatedly criticised Palaniswami, describing him as a betrayer, while he maintains that his leadership stems from the support of AIADMK legislators rather than her backing.

The AIADMK has not issued an official statement on Sasikala’s announcement. However, a senior party leader questioned her political standing, pointing out her disqualification from contesting elections and referring to legal issues linked to Jayalalithaa’s death.

With the Assembly polls approaching, Sasikala’s re-entry into active politics could further complicate the opposition space in Tamil Nadu and influence electoral calculations, particularly in the southern districts.

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