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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.

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PM Modi chants Jai Shri Ram in Assam rally, shares visuals of Ram Lalla’s Surya Tilak, says emotional moment for him

Surya Tilak illuminated the forehead of Lord Ram Lalla idol at the Ram temple in Ayodhya on Ram Navami

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On the occasion of Ram Navami on Wednesday, the sun’s rays dropped in the form of a Surya Tilak on the forehead of Ram Lalla at the Ram Mandir in Ayodhya. PM Modi, who was in Assam for a campaign, chanted Jai Shri Ram during the rally and shared visuals of him watching Surya Tilak. He also urged the crowd, present at his rally, to turn on their mobile flash lights to celebrate this auspicious occasion.

Taking to social media X, formerly Twitter, PM Modi shared two images of him watching the Surya Tilak and said, after his Nalbari rally, he watched the Surya Tilak on Ram Lalla. He said, like crores of Indians, this is a very emotional moment for him. He also prayed for the nation, saying, “May this Surya Tilak bring energy to our lives and may it inspire our nation to scale new heights of glory.”

There is a new atmosphere in the entire country, and this birthday of Lord Ram has come after 500 years since he got the privilege of celebrating his birthday in his own home, PM Modi tweeted.

The PM also said, today we have the honour of celebrating this Ram Navami in Ayodhya in this way, after having to wait for five centuries. This is the result of many years of arduous penance, national sacrifice, and sacrifice.

Since the pran pratishtha of the Lord Ram idol at the new temple was dedicated on January 22 by Prime Minister Narendra Modi, this was the first Ram Navami.

The sun’s rays illuminated Ram Lalla’s forehead at Ayodhya’s Ram temple around 12:01 pm, creating a captivating spectacle that lasted for approximately two to two and a half minutes. The tilak measured about 58 mm in dimension.

The ceremony was broadcast live on enormous LED displays positioned in around 100 locations throughout Ayodhya.

the Surya tilak to function. It aided in reflecting sunlight from the third floor, close to the shikara, into the sanctum sanctorum. This step was taken since the sanctum sanctorum of the temple has been completely sealed off from direct sunlight.

Indian Institute of Technology, Roorkee scientists developed the process after consulting with the Indian Institute of Astrophysics.

The optomechanical device is designed to precisely align the sun’s rays on the idol’s forehead on Ram Navami every year. The mirrors and lenses will only need to be slightly adjusted to account for the sun’s varying directions.

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2024 Lok Sabha Elections

MK Stalin says if Prime Minister Narendra Modi comes to power again, the country would go back by 200 years

MK Stalin said if PM Modi comes to power again, the country will be pushed back by 200 years and history will be rewritten.

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Tamil Nadu CM and DMK leader MK Stalin said on Tuesday that if Prime Minister Narendra Modi comes to power again, India would be pushed back by 200 years.  Stalin was addressing a rally in Sriperumbudur in the state in support of DMK candidate TR Baalu, he said, if PM Modi comes to power again, the country will be pushed back by 200 years and history will be rewritten.  He asserted that science will be pushed back, and superstitious stories will be given prominence. He added that Dr BR Ambedkar’s constitution will be replaced by the rules of the RSS.

The Tamil Nadu chief minister said a vote for the BJP is a vote for the enemy of state, a vote for the AIADMK is a vote for the betrayers of the state. Stalin hit out at the AIADMK and said that voting for the AIADMK was equivalent to voting for the BJP.

He added the AIADMK and the BJP were called natural allies, but they are now acting as if they are separated. The Tamil Nadu CM pointed out that when he was asked if the AIADMK would support the BJP in case they need majority, Edappadi K Palaniswami did not say that the AIADMK would not support the BJP. Stain said everybody is waiting to see AIADMK’s answer.

The Tamil Nadu CM asserted that the AIADMK can never go against the BJP. He said a vote for the AIADMK is equivalent to a vote for the BJP. Stalin responded to former chief minister and AIADMK general secretary Palaniswami’s claim that he had got several awards from the centre and said that Palaniswami had got the awards for being the best of slaves. He said they are carefully implementing schemes for the development of Tamil Nadu and Palaniswami claims that he has got awards from the central government.

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PM Modi greets nation on Ram Navmi, says Ayodhya is in incomparable bliss

PM Modi also recalled the consecration ceremony of Ram Lalla at the Ram Temple in Ayodhya on January 22.

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Prime Minister Narendra Modi greeted the country today on the occasion of Ram Navami. He said that Ayodhya is experiencing incomparable bliss as this is the first time the festival is being observed there following the consecration of the Ram temple.

He said in a series of posts on X that this is the result of the nation’s citizens’ years of hard labor and sacrifice.

Ram Navami celebrates the birth of Lord Ram, and a temple was just dedicated in Ayodhya at the place of his purported birth.

Together with a huge number of people, Prime Minister Modi expressed his gratitude and overwhelm at being present for the consecration ceremony in Ayodhya.

He claimed that the same energy still pulses through his memory of that particular moment.

Indians have a strong emotional attachment to Lord Ram. Ram Navami is also a moment to honour and remember the saints and devotees who gave their lives to build the Ayodhya temple, according to Prime Minister Modi.

Following the official opening of the Ram Mandir, Ayodhya has been decorated to greet worshipers on the first Ram Navami.

Vibrant lights have been used to brighten the entire temple complex. The Janmabhoomi Path has a crimson carpet spread on it to make it easier for devotees to walk about in the intense heat. For the comfort of devotees, carpets have also been installed inside the temple premises.

To shield devotees from the sun, a permanent canopy has been installed on the Janmabhoomi Path, while a temporary cover has also been installed on the Bhakti Path. In addition, the Ayodhya administration has installed assistance booths at 29 locations throughout the Mela region, extending from Tedhi Bazar to Naya Ghat.

Meanwhile, on Wednesday at 12:15 p.m., the eagerly awaited Surya Abhishek of Ram Lalla will take place. The celestial event will run for four minutes. The Sun’s rays will create a 75 mm tilak on Ram Lalla’s forehead during this time.

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