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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

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Modi govt drafts Bill proposing 3 year jail term for husbands in instant triple talaq cases

Bill also provides for a subsistence allowance of a harassed Muslim woman and her dependent children along with custodial rights of minor children

In a move that could provide a strong deterrent to the obnoxious practice of instant triple talaq in a section of the Muslim community, the Centre is ready with a draft Bill that proposes a three year jail term for husbands who divorce their wives through Talaq-ul-Biddat – uttering the word talaq three times in one go.

Over three months after a majority verdict by a five-judge Bench of the Supreme Court decried Talaq-ul-Biddat to be “unislamic, arbitrary and unconstitutional”, Prime Minister Narendra Modi’s government is ready with a draft law that would ban instant triple talaq.

The Bill, which proposes a three year jail term and monetary fine for Muslim husbands who divorce their wives by merely uttering talaq thrice in a single stroke – often through Whatsapp or e-mail – is likely to be tabled for passage in the upcoming winter session of Parliament that will be convened from December 15.

The draft Bill, according to media reports, proposes to make instant triple talaq a “cognizable and non-bailable” offence, while it also proposes a slew of other measures like a subsistence allowance and custodial rights of minor children for the wronged Muslim woman in a marriage.

The Bill, which could replace the controversial Muslim Women (Protection of Rights on Divorce) Act, 1986, once it is passed by Parliament has been drafted by a Group of Ministers (GoM) that was constituted by Prime Minister Narendra Modi in the aftermath of the Supreme Court’s historic verdict that banned instant triple talaq in August. The GoM included Union ministers Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravi Shankar Prasad. The GoM was set up after two members of the Supreme Court Bench – then Chief Justice JS Khehar and Justice S. Abdul Nazeer – said in their minority verdict that the issue of banning instant triple talaq should be dealt through legislation and not by the judiciary.

The draft law, titled Muslim Women (Protection of Rights on Marriage) Act, according to a report in the Indian Express, allows a Muslim woman who has been given instant triple talaq to move court, seeking “subsistence allowance” for herself and dependent children, as well as custody of minor children.

These rights were not adequately dealt with in the Muslim Women (Protection of Rights on Divorce) Act, 1986 which was drafted by the Congress government under then Prime Minister Rajiv Gandhi and passed by Parliament largely as a means to overturn the Supreme Court verdict in the Shah Bano case. The 1986 Act had largely dealt with the issue of providing maintenance to the Muslim woman who has been divorced through Talaq-ul-Biddat and had not gone into other equally important issues such as provision for a ‘subsistence allowance’ for her children or her custodial rights of minor children.

The proposed law, sources privy to the draft said, expressly bans instant triple talaq in “oral, written, electronic or any other form” and states that any declaration of Talaq-ul-Biddat by a Muslim man shall be “illegal and void”.

It may be recalled that the All India Muslim Personal Law Board while opposing judicial intervention in the instant triple talaq case had expressed that it was open to a ban on Talaq-ul-Biddat being imposed through an Act of Parliament.

The Bill, once enacted into a law by Parliament, will apply to all Indian states with the exception of the Muslim-majority Jammu and Kashmir since the northern state enjoys autonomy under the Indian Constitution on drafting its own laws.

According to media reports, 244 cases of triple talaq — 177 before the Supreme Court’s verdict of August 22 and 67 ever since — have been reported from across the country this year, with Uttar Pradesh leading the list in Talaq-ul-Biddat cases. These, however, are figures of instant triple talaq cases that are reported and the actual number of such incidents could actually be much higher.

While the merits of banning the practice of instant triple talaq through legislation cannot be denied, it is also important to note that if Prime Minister Modi’s government does succeed in having the law enacted – which it is expected to – there are obvious political and electoral benefits that the move would bring for the BJP.

Banning instant triple talaq has been a poll promise of the BJP for long and the party had raised the issue vociferously during the Uttar Pradesh assembly election campaign earlier this year in the hope that doing so would lead to incremental electoral support among Muslim women for its candidates. BJP leaders had, after the party’s stunning victory in Uttar Pradesh, claimed that Prime Minister Narendra Modi’s pitch for banning instant triple talaq had struck a chord with the Muslim women of the states, who had in turn voted for the BJP. While the truth behind the claim is hard to establish, it certainly makes for good political rhetoric for the BJP which otherwise has an anti-Muslim image.

India News

10 Naxalites killed in encounter in Chhattisgarh’s Sukma

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area.

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Ten Naxalites were killed in an encounter with security forces in the Sukma district of Chhattisgarh on Friday.

The confrontation started in the morning within a forest area under the jurisdiction of the Bhejji police station, where a joint operation was being conducted by security personnel as part of an anti-Naxalite initiative, according to Inspector General of Police (Bastar Range) Sundarraj P. 

This operation was initiated following intelligence regarding the presence of Maoists connected to the Konta and Kistaram area committees, situated in the forested regions around Korajguda, Dantespuram, Nagaram, and Bhandarpadar villages.

So far, the bodies of ten Naxalites have been recovered at the scene. Additionally, a significant cache of weapons was seized, including an INSAS rifle, an AK-47, and a Self Loading Rifle (SLR). 

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area. This incident contributes to the year-to-date total of 207 Naxalite fatalities recorded in various clashes across the Bastar region of Chhattisgarh, comprising seven districts. 

On Wednesday, Chhattisgarh Chief Minister Vishnu Deo Sai met with Union Home Minister Amit Shah in the national capital, North Block. Their discussion focused on developmental progress in Naxal-affected areas of Chhattisgarh and efforts aimed at enhancing peace and stability in these regions. 

The Chief Minister emphasised that both the state government and security forces are diligently working to eradicate Naxal influence in Chhattisgarh, aligning with the Union Home Minister’s commitment to eliminate Naxalism by 2026.

“I met with Union Home Minister Amit Shah and updated him about the Naxal activities in Chhattisgarh. Over the past 11 months, close to 200 Naxals have been neutralized, and approximately 600-700 have surrendered. We are making significant strides towards the goal set by the Prime Minister and Home Minister to achieve a Naxal-free India by March 2026,” CM Sai told reporters following the meeting.

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India News

Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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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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