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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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Section 144 imposed in Kolhapur after clashes break out over socmed post with offensive audio message, Tipu Sultan photo  

The Law and order is the state affair and Maharashtra government takes the responsibility of it. He also appeals to the public for peace and calm. Police investigation is under way and action will be taken against those found guilty.

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Kolhapur clash

Prohibitory orders have been issued in Kolhapur on Wednesday banning the assembly of five or more persons till June 19 after clashes broke out between two groups. Right-wing outfits objected to the use of Tipu Sultan’s image along with an objectionable audio message as a social media status put up by a few residents. Police had to lathicharge to disperse the crowd as the situation became tense.

Police have also applied for banning mobile internet from Wednesday till Thursday evening to prevent the issue from snowballing. On Tuesday, a group of right-wing activists held a protest demanding action against those who put the image of the 18th-century Mysore ruler along with an offensive message on their social media profiles. Police assured action and told them to return. Police also informed the protesters they had booked some people in connection with the post.

Kolhapur SP Mahendra Pandit said the protesters again hit the streets on Wednesday. Few organisations had called for a Kolhapur bandh and the members of these organisations gathered at Shivaji Chowk early today. After their demonstration ended, the crowd began to disperse but some miscreants started pelting stones, forcing police to use force against these people to disperse them. The SP also said they appealed to the agitators to maintain peace and withdraw the agitation.

Dipak Kesarkar, guardian minister and minister of education and Marathi language, said action has been taken against those who had used Tipu Sultan’s image along with an objectionable audio message with the detention of 21 people so far.

Maharashtra Chief Minister Eknath Shinde appealed for calm and peace. He said law and order is a state responsibility and the Maharashtra government will act. Police investigation is under way and action will be taken against those found guilty. Maharashtra Deputy CM Devendra Fadnavis said this was part of a larger well-thought out plan by some people.

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UP women fight over garage space; video goes viral | Watch

Over 47,000 people have seen the video since it has been uploaded. People are giving different reactions to the video.

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women fight

With vehicles increasing on the road day by day, it is obvious that space to park them becomes scant. In a video which is going viral, two women from Uttar Pradesh can be seen arguing and attacking each other over what both claim as their garage space.

The woman, who made the video and posted it on social media, can be seen charging the other slightly elderly woman and her husband for using his position to grab the space paid for by the woman making the video.

The video begins with a handyman who is seen breaking the lock of a caged garage space and the woman shooting it can be heard saying she had it built herself. She then threatens the elderly woman that she will post the footage on social media, but the elder woman nor the handymen seem particularly alarmed by it.

When things turn violent, the elderly woman throws broken lock away. The other woman tries to prevent her from doing so and ends up grabbing the elder woman by her neck. The recording ends when the elder woman retaliates by slapping the younger woman several times, leading to her phone falling.

Over 47,000 people have seen the video since it has been uploaded. People are giving different reactions to the video. One user said these are common things in small towns and cities, another said the last slap on the phone was hilarious while others were dropping laughing emojis on it. 

However, these days, such videos showing violence between women have become common on social media. A few days ago, a video from Delhi Metro went viral where two young women got into a heated argument which quickly turned into a fistfight.

The women can be seen preparing for the fight by setting aside their phones as the video begins with one of them taking off her sneaker and brandishing it like a weapon. Other passengers can be heard begging them not to fight.

Parking-related arguments and fights have snatched many lives in the Delhi National Capital Region. Luckily in this video, the violence did not reach such fatal ends.

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India News

Bail too late: 62-year-old man gets relief on humanitarian grounds 2 days after he’s dead

A shocking case has emerged in Mumbai, Maharashtra. A Mumbai court granted bail to an accused two days after his death.

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Court (Representative image)

A Mumbai real estate agent, who had been in jail since December 2021 for selling property with fake documents, has been granted bail but unfortunately Suresh Pawar had died two days before the relief was granted.

The accused had been in jail since December 31, 2021 and had requested six-month temporary bail due to health concerns. Though the hearing on his bail application was completed on May 9 when he was alive, the bail order came two days after his death.

The court granted him temporary bail on humanitarian grounds, looking at his age, medical complications, and further need for medical care.

As per the bail application, he was severely diabetic and was experiencing several age-related ailments. In February, he suffered a toe injury and was taken to JJ Hospital, where he was discharged from. However, he had claimed he needed to have the toe amputated since it had turned gangrenous. His lawyer had moved the plea so that he could undergone treatment at a private hospital.

In March, the Bombay High Court gave directions to jail authorities to provide proper medical treatment, after which he withdrew his bail application from the High Court on April 19.

On the same day, Pawar’s health condition deteriorated, and he was again admitted to JJ Hospital, but due to inappropriate medical treatment, his injury became septic, and his leg below the knee necessarily required to be amputated.

Later, he developed a lung infection and sought temporary bail for a six-month period to avail himself of proper medical treatment.

The prosecution and opponent opposed his plea, arguing that he was being provided with enough medical care at JJ Hospital.

The death of Suresh Pawar will not provoke a thousand searing editorials but is scathing on the apathy and the callousness the State metes out to citizens, even if accused of crime.

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