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Modi government plans law banning instant triple talaq

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Triple-Talaq

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Amid continuing reports of talaq-ul-biddat being given despite SC order against the practice, Modi government likely to table new law in next Parliament session

It has been over three months since the Supreme Court, in a historic verdict, decried the practice of talaq-ul-biddat or instant triple talaq in the Muslim community as unislamic, arbitrary and unconstitutional”, yet the obnoxious practice seems to still continue. Now, the Prime Minister Narendra Modi-led BJP government is planning to bring a new law that could ban the practice, possibly even making it a criminal offence.

If reports in a section of the media are anything to go by, the Modi government is already working on a draft legislation that seeks to ban the practice of triple talaq and could table this Bill in the next session of Parliament.

The Centre is currently drawing flak for delaying a notification on the winter session of Parliament – which traditionally starts by the third week of November.

However, if the government does succeed in tabling the reformist Bill in the winter session of Parliament – rumoured to commence in the third week of December – then the Opposition’s attempt to corner the Modi government on issues ranging from the continuing aftermath of GST and demonetisation, allegations of financial impropriety against sons of BJP president Amit Shah and National Security Adviser Ajit Doval, rising food prices, etc. could be substantially dented.

According to news agency PTI, the government has already set up a ministerial panel “to consider a legislation to put an end to instantaneous triple talaq, a Muslim way of divorce which is said to be still in practice despite the Supreme Court striking it down”.

A report in the Economic Times quoted anonymous sources in the government who are privy to the Centre’s plans on the new legislation as saying that in order to give effect to the August 22 verdict the apex court, “the government is taking the matter forward and is considering to bring about a suitable legislation or amending existing penal provisions which shall make instantaneous Triple Talaq an offence.”

“There have been reports of number of divorces by way of talaq-ul-biddat happening even after the SC judgement. This could be because of lack of knowledge of Muslim husbands about the Supreme Court’s decision or because of lack of deterrent punishment for the act of talaq-e-biddat. In spite of advisories to the members of the community against this archaic practice, there seems to be no decline in the practice of divorce by talaq-e-biddat,” the Economic Times report quoted a government source as saying.

It may be recalled that during the arguments in the Supreme Court in the triple talaq case, members of the Muslim community who were opposed to judicial intervention in a matter of “personal law” – especially lawyers representing the All India Muslim Personal Law Board – had submitted that they were open to the government making the practice of instant triple talaq illegal by way of a legislation.

If the government succeeds in drafting the forward-looking legislation and having it passed by Parliament, the move could, as many in the BJP say, help the saffron party make substantial in-roads in the significant vote-bank of Muslim women who have been adversely affected by the “unislamic” practice for decades.

The BJP and Narendra Modi in particular strongly backed demands for declaring instant triple talaq as unconstitutional when the matter was being heard by the Supreme Court. This stand, BJP insiders believe, had helped the party make significant electoral gains among Muslim women in Uttar Pradesh which went to polls early this year and ended with a wave in favour of the saffron party. The BJP clearly hopes that by making the practice illegal by way of a legislation, it could further consolidate its base among Muslim women, especially since successive Congress-led ‘secular’ governments never cared to address the grievances related to talaq-ul-biddat.

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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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