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Triple talaq law challenged in court day after receiving President’s assent

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Triple talaq law

A day after President Ram Nath Kovind gave his assent to the legislation that makes instant triple talaq a penal offence and it became “The Women (Protection of Rights on Marriage) Act, 2019”, it was challenged in the Supreme Court and the Delhi High Court on Friday, Aug 2.

Samastha Kerala Jamiyyathul Ulama (SKJU), that claims to be the biggest religious organisations of the Sunni Muslim scholars and clerics in Kerala, moved the Supreme Court while the one in the Delhi High Court was filed by an advocate Shahid Ali, reported NDTV. Both allege that “The Muslim Women (Protection of Rights on Marriage) Act, 2019” violates the fundamental rights of Muslim husbands.

They have claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and is liable to be struck down.

“The Act has introduced penal legislation, specific to a class of persons based on religious identity. It is causative of grave public mischief, which, if unchecked, may lead to polarization and disharmony in society,” the plea filed in the top court said.

The petition in Supreme Court

The SKJU has submitted that the legislation is class specific to Muslims and the intent behind the Act is not abolition of triple talaq but “to punish Muslim husbands”.

“Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq. The offence is cognizable and non-bailable as per Section 7,” the plea said.

The Women (Protection of Rights on Marriage) Act of 2019 makes instant triple talaq a penal offence. It imposes a maximum sentence of three years imprisonment when a Muslim husband pronounces instant triple talaq. The offence is cognizable and non-bailable.

“If the motive was to protect a Muslim wife in an unhappy marriage, no reasonable person can believe that the means to ensure it is by putting an errant husband in jail for three years and create a non-bailable offence for merely saying ‘talaq, talaq, talaq’. Further, the offence is confined only to Muslim husbands.

“It is absurd that for an utterance which has no legal effect, whether spoken by Muslim, Hindu or Christian, it is only the Muslim husband who is penalised with a three-year sentence. Protection of wives cannot be achieved by incarceration of husbands…,” the organisation, represented by advocate Zulfiker Ali PS, contended.

It urged the court to stay the operation of the ordinance while questioning the haste with which the government promulgated it.

The petition contends that the Supreme Court has already declared the utterance of triple talaq “null and void”. The marriage continues despite the utterance of triple talaq. If triple talaq has thus no legal effect, why should the government go ahead and make it an offence now?

The petition argued that a truly welfare-oriented legislation would promote amicable resolution of matrimonial disputes, regardless of community.

The petition in the top court said there are statutorily prescribed procedures for divorce in other religions too and non-compliance of this procedure for divorce is not a punishable offence for members of other religions.

“There is no reasonableness or constitutional logic for making the procedural infirmity in effecting divorce a punishable offence for members of Muslim community alone and such legislation cannot withstand the test of Article 14,” it said.

It said that a welfare-oriented legislation would not purport to criminalise marital discord and moreover, particularise the criminalization only to one community.

“With respect, it is submitted that any such a legislation ought to shock the judicial conscience. The impugned Act is such an endeavour and ought to be struck down for violating Article 21,” it said.

Petition in Delhi High Court

The petition in the high court said that the new legislation criminalising the practice of ”triple talaq” among Muslims and making it a non-bailable offence punishable with three years of imprisonment, would shut down all room for compromise between the husband and wife.

It said that since triple talaq has been declared as void, the Act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong.

The high court petition has alleged that the intentions of central government are “mala fide and ultra-vires” of the Constitution as well as the Supreme Court’s judgment, declaring instantaneous and irrevocable divorce pronounced by a Muslim husband as void and illegal.

It claimed that there could be misuse of criminalisation of ”triple talaq” as the Act does not provide for a mechanism to ascertain the truthfulness of the allegations of such pronouncement.

2024 Lok Sabha Elections

PM Modi calls for high voter turnout in second phase of Lok Sabha elections 2024, says your vote is your voice

Prime Minister Narendra Modi urges citizens to participate in record numbers during the second phase of polling for the Lok Sabha Elections 2024.

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Prime Minister Narendra Modi took to social media as the second phase of voting for the Lok Sabha Elections of 2024 got underway across the country to encourage voters to cast votes in huge numbers. PM Modi emphasized in his speech the value of voting in preserving democracy and notably urged women and young people to cast votes.

Taking to social media X, formerly Twitter, PM Modi wrote, urging everyone in constituencies to participate in record numbers in today’s second phase of the Lok Sabha elections. He said our democracy is strengthened by high voter turnout. He especially urged female and youth voters to cast votes in large numbers. Your vote is your voice, he added.

It is important to remember that 88 Lok Sabha constituencies—spread among 13 states and Union Territories—are presently holding polls. Twenty seats in Kerala, fourteen in Karnataka, thirteen in Rajasthan, eight in Uttar Pradesh and Maharashtra, six in Madhya Pradesh, five in Assam and Bihar, three in Chhattisgarh and West Bengal, and one in each of Tripura, Jammu & Kashmir, and Manipur are currently up for election. Notably, the untimely death of a Bahujan Samaj Party (BSP) candidate has resulted in the Madhya Pradesh constituency of Betul being spared from voting on April 26.

Meanwhile, Chief Election Commissioner Rajiv Kumar emphasized the thorough planning that has taken place over the previous two years and reassured the public of careful security measures at every voting place. They have been preparing for the last two years, he said. At each booth, the arrangements are ready. Everything has been prepared for the voters, including fans and drinking water. Voters must turn out to cast their votes. Safety has been considered. There is zero information available anywhere regarding violence. However, there will be forces at every booth.

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2024 Lok Sabha Elections

Bollywood actor Neha Sharma campaigns for her father Ajit Sharma in Bhagalpur, Bihar

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

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Bollywood actor Neha Sharma’s recent participation in a roadshow in Bihar has taken the internet by storm. Sharma, known for her roles in films like Tum Bin 2 and Crook, was seen supporting her father, Ajit Sharma, who is contesting from Bhagalpur Lok Sabha seat on a Congress ticket. The roadshow came amid speculations that the actor might enter politics. But, it is now clear that she was just campaigning for her father.

neha sharma

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

The actor received a warm reception and love from a large crowd in Pirpainti and Kahalgaon during her roadshow. She wrote on Instagram that it is said when someone gives one a place in their heart, then they live there forever. She said her heart is full of all the love and support she was receiving from the people. She thanked the people for the warm welcome she got in Pirpainti and Kahalgaon. Aapka pyar sar ankhon par.

Another video, circulating on social media showed the actor actively participating in her father’s election campaign in Bhagalpur. The election to the Bhagalpur Lok Sabha seat is set to take place in the 2nd phase on April 26. Ajit Sharma is representing the Congress and is up against JDU’s Ajay Kumar Mandal in this seat.

Earlier, there had been rumours and speculations that Neha Sharma might join politics. But many reports have clarified that she is not making her political debut yet. The Bollywood actor had been offered the opportunity to join politics by her father Ajjit Sharma but she is currently focusing on her acting career.

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Education

Farmer’s son Nilkrishna Gajare Nirmalkumar from Maharashtra scores 100 NTA score in IIT-JEE Mains 2024

Nilkrishna Gajare’s father is a farmer and had to discontinue his own education after Class 12 as he faced financial difficulties. Gajare faced financial challenges growing up. However, his unwavering dedication and strategic approach to preparation set him apart from the crowd.

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Nilkrishna Gajare, who hails from Maharashtra’s Washim, achieved an extraordinary feat by securing a perfect score of 100 in the JEE Main 2024 examination. His journey from humble beginnings to the pinnacle of success is a source of inspiration for many people.

Nilkrishna Gajare’s father is a farmer and had to discontinue his own education after Class 12 as he faced financial difficulties. Gajare faced financial challenges growing up. However, his unwavering dedication and strategic approach to preparation set him apart from the crowd, which resulted in his remarkable achievement of emerging as topper of one of India’s toughest Engineering entrance exams.

Nilkrishna Gajare had a strategic plan that helped him succeed in IIT-JEE 2024. According to Nilkrishna persistence is important and one should never stop trying until they understand a topic. He said being curious and asking questions are important traits of a good student.  He said one should not be ashamed of asking questions.

Nilkrishna spent around 10-15 hours every day studying on his own for the JEE Main exam. He mentioned that he used his class notes for Physics and Physical Chemistry. For organic chemistry and inorganic chemistry, he relied on both notes and practice questions.

As for Mathematics, he believed that practicing regularly was the most important thing for him. Other interests of Nilkrishna include archery. He has participated at both state and national levels, and he finds joy in the sport.  He said archery helps him understand the importance of focusing his attention on his goals. Nilkrishna likes watching movies and said they are a great source of enjoyment and relaxation.

He likes to watch a movie after exams and occasionally treats himself to one each week too. Gajare aims to keep up the pace for the JEE-Advanced exam and hopes to get into the IITs. He said he wants to secure admission in IIT-Bombay in the computer science branch.

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