English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

BJP calls Arvind Kejriwal’s resignation announcement a PR stunt, says he wants his wife as CM

“The emotional and PR cards that he is playing is aimed at creating a Manmohan Singh-like system in Delhi as former Congress president Sonia Gandhi did,” the BJP leader charged.

Published

on

The BJP on Sunday called the announcement of resignation of Delhi Chief Minister Arvind Kejriwal in the next two or three days a PR stunt saying his decision is a part of his plan to make his wife Sunita the CM.

BJP national spokesperson Shezad Poonwalla claimed that Kejriwal is enacting the resignation drama because the court did not acquit him in the excise policy scam case and instead granted him a conditional bail, which turned him into a ceremonial minister from the chief minister.

The AAP national convenor on Sunday announced that he will he resign as the Delhi CM in next two days and would demand early polls in Delhi. Kejriwal vowed not to sit in CM’s chair till people give him a certificate of honesty.

In a scathing attack, Poonwalla alleged that the AAP national convenor’s announcement is a part of his plan to make his wife Sunita Kejriwal the Chief Minister. “Arvind Kejriwal has done a PhD on how to make a virtue out of necessity,” he added.

While addressing party workers in Delhi today, Kejriwal said he would hold a meeting of AAP MLAs in the next couple of days and a party leader would take over as chief minister.

Hitting out at the Delhi Chief Minister, Poonwalla said, “He has taken two days’ time because his entire plan is to make his wife Sunita Kejriwal chief minister of Delhi in his place.”

“The emotional and PR cards that he is playing is aimed at creating a Manmohan Singh-like system in Delhi as former Congress president Sonia Gandhi did,” the BJP leader charged.

In the recently concluded Lok Sabha polls, people ensured the defeat of the AAP and the Congress in all seven seats despite the Kejriwal-led party’s ‘jail ka badla vote campaign’, he added.

Continue Reading

India News

In Jharkhand, PM Modi says development of tribals, poor, youth, women is Centre’s priority

He emphasised the significance of rail and other projects in fostering industrial, tourist, economic, and overall developmental growth in the eastern region.

Published

on

Prime Minister Narendra Modi on Sunday asserted the central government’s commitment to the development of tribals, poor, Dalits, women, and youths, highlighting the launch of several schemes aimed at benefiting these groups.

He expressed optimism about Jharkhand’s rapid growth through the implementation of these projects, noting that the state, which had been lagging in development, is now set to progress.

While virtually addressing the audience gathered at Tatanagar for the inauguration of Vande Bharat trains and multiple initiatives, the Prime Minister acknowledged the impact of the bad weather which prevented his arrival in Tatanagar by apologizing for not being able to reach the location.

He emphasised the significance of rail and other projects in fostering industrial, tourist, economic, and overall developmental growth in the eastern region.

Modi highlighted the increased investment by the Centre for the development of Jharkhand, citing an allocation of Rs 7,000 crore for railway infrastructure development, which marked a 16-fold increase compared to the budget of the past 10 years.

Furthermore, he pointed out that Jharkhand has achieved 100% electrification of its railway network and mentioned the transformation of over 50 railway stations in the state under the Amrit Bharat Station Yojana.

Additionally, six Vande Bharat trains for Jharkhand, Odisha, Bihar, and Uttar Pradesh were virtually flagged off by the Prime Minister at Ranchi, with the presence of Union ministers Shivraj Singh Chouhan, Annapurna Devi, Sanjay Seth, and Jharkhand Governor Santosh Kumar Gangwar at the Tatanagar station.

Meanwhile, Congress slammed PM Modi and said, “Why are people of Jamshedpur still facing the problem of poor connectivity?” Despite being an industrial hub, Jamshedpur suffers from poor transport connectivity, it added.

Congress general secretary Jairam Ramesh said that the number of trains running to major cities like Bhagalpur, Bengaluru and Delhi is not adequate. The city had a functional airport till 2016 but despite joining the UDAN scheme in 2018, the plan for a new airport did not materialise, he added.

“An MoU was signed between the Jharkhand government and the Airports Authority of India in January 2019 to build the Dhalbhumgarh airport by December 2022. This will give a good boost to MSMEs in Adityapur, including major players in the industrial sector like Tata. When the work did not happen by the December 2022 deadline, the BJP’s own MPs were forced to raise the issue in Parliament,” he charged.

On February 27, 2023, the Union Civil Aviation Minister responded and confirmed that the project had been abandoned, Ramesh said. “Now, after a lot of hard work, environmental clearances seem to be coming. Why did the central government ignore such a vital infrastructure in Jharkhand? What happened to “Sabka Saath Sabka Vikas”?” he asked.

Continue Reading

India News

After Kejriwal, AAP leader Manish Sisodia leaves it to people to decide on his honesty

The former Delhi Deputy CM Sisodia said that he has also decided to go to the public court along with AAP supremo Kejriwal and ask whether the public considers him honest or not.

Published

on

After Delhi Chief Minister Arvind Kejriwal, senior AAP leader Manish Sisodia on Sunday asserted that he will sit on the chair of Deputy Chief Minister only if the public approves his honesty.

The former Delhi Deputy CM Sisodia said that he has also decided to go to the public court along with AAP supremo Kejriwal and ask whether the public considers him honest or not.

“I have also decided that I will go to the public court along with Arvind Kejriwal ji and ask whether the public considers me honest or not,” Sisodia said in his post on X.

In a major move on Sunday, Kejriwal announced that he will resign as the Delhi Chief Minister in the next two or three days and asserted that he won’t hold the position of CM, until the people of Delhi declare him honest.

Joining AAP supremo in his honesty test, Sisodia said that he came into politics to work honestly in the field of education. “For 10 years, I worked honestly as Delhi’s Education Minister and built schools and new universities,” Sisodia said.

As the Education Minister of Delhi, Sisodia said, he worked with the mantra that India cannot become a developed nation without providing the best education in government schools.

The result of ten years of hard work is visible that today even in the government schools of Delhi, children are studying brilliantly and topping exams like IIT, JEE, NEET, the senior AAP leader said.

After being in jail for 17 months in the money laundering case linked to the liquor policy scam, Sisodia said that despite being honest attempts were made to prove him dishonest by making false allegations against him under petty politics.

“After two years of legal process, now even the country’s top court has told me to go and do my work. But I will not sit on the chair of Deputy Chief Minister-Education Minister right now”, he said.

The AAP leader said that he did not join politics for the greed of chairs and posts, instead, he came into politics to work honestly in the field of education.

“Elections are to be held in three to four months. Only if the public approves my honesty, I will sit on the chair of Deputy Chief Minister-Education Minister and work for education,” AAP leader Sisodia said.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com