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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.

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Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march

More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.

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Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.

The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.

Security tightened across Connaught Place

The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.

Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.

A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.

Why CJP is planning the march

The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.

The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.

With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.

Traders raise concerns over business disruptions

The heightened security measures have also prompted concerns among traders in the area.

Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.

Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.

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Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits

Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.

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Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.

What Rahul Gandhi said about leaders who left Congress

During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.

His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.

Kharge’s response to Rahul Gandhi

Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”

The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.

He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.

Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned

Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.

Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.

Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.

Rahul Gandhi’s message to young Congress workers

The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.

He also suggested holding protests at Jantar Mantar, according to the report.

Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.

The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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