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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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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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