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Modi government introduces Triple talaq Bill in Lok Sabha amid crticitism

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Union Law Minister Ravi Shankar Prasad

[vc_row][vc_column][vc_column_text]Modi government introduced a fresh bill to ban the practice of instant triple talaq in the Lok Sabha today (Friday, June 21) as the previous Bill got stalled in Rajya Sabha and lapsed with the dissolution of the 16th Lok Sabha.

The Muslim Women (Protection of Rights on Marriage) Bill, 2019, will replace an ordinance issued in February by the previous BJP-led NDA government. In absence of legislation, the government had brought in the Ordinance to make instant “triple talaq” illegal, which was renewed twice. The new bill is a copy of the ordinance.

Opposition members demanded that the Bill should not be introduced before wider consultation involving parties from the other side of the treasury bench. In the view of opposition, Speaker Om Birla called for a voice vote and ruled that the Bill could be introduced in the Lok Sabha. But then the Opposition members insisted on division of votes. The Bill was finally tabled in the Lok Sabha with 186 votes in favour and 78 against introduction of the legislation.

The main objection of the Opposition is to the provision in the Bill to make the practice of instant triple talaq (talaq-e-biddat) a penal offence. They argued that jail term for a man for divorcing his wife was legally untenable. Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, divorcing through instant triple talaq is illegal, void and will attract a jail term of three years for the husband.

Marriage or divorce is a civil matter and their objection is to bringing in criminal provisions.

The government has included certain safeguards in it such as adding a provision for bail for the accused during trial so that the proposed law could not be misused.

The government countered the opposition’s claim that it was a “discriminatory” bill by pointing out that the Supreme Court’s order banning the controversial Islamic practice needs to be followed up with a strong law. “…There have been triple talaqs since 2017 even after the judgement. What should the women do? Hang the judgement on the wall?” Union Law Minister Ravi Shankar Prasad said after introducing the bill in the Lok Sabha.

Union Law & Justice Minister & BJP leader Ravi Shankar Prasad, after Triple Talaq Bill 2019 introduced in Lok Sabha, said: “It is the work of Parliament to enact a law. The interpretation of the law should be left to the courts.”

“People have chosen us to make laws. It is our work to make laws. Law is to give justice to the victims of triple talaq,” he said.

He added that the Bill will protect the rights of Muslim women. “It is about justice & empowerment of women,” he said, reported news agency ANI. “This issue is not related to religion or prayer or class but of justice for women, of a woman’s dignity”, he said.

Asaduddin Owaisi, AIMIM lawmaker, opposed the triple talaq bill, calling it discriminatory. Besides, he asked, if the husband is jailed (under the provisions of the law), who will pay maintenance to the woman.

Owaisi also took a dig at the BJP, saying the party has so much affection for Muslim women but is opposed to rights of Hindu women to enter Kerala’s Sabarimala Temple in Kerala. He went on to say that the bill violates constitutional rights as it stipulates three-year jail term for Muslim men while non-Muslim men get only one year of jail term for a similar offence, he said.

Soon after the minister tabled the bill, Congress MP Shashi Tharoor, stood up to speak on the issue and listed the reasons for his opposition to the bill.

Tharoor who said even as he is against instant talaq, he is opposed to considering a civil offence as a criminal offence. He suggested the scope of the Bill should be extended to women of all communities.

Terming the bill a “class legislation”, Tharoor said abandoning of women by their husbands is not unique to Muslim community and is equally prevalent among other communities. So, why not make a universal law to provide protection to all women, he argued.

“Men from other religions also desert their wives,” Tharoor said. “There is no procedural safeguards in the bill, refer it to a standing committee… it is a discriminatory bill. The bill does nothing to improve the status of Muslim women,” he said.

Only 187 members were present to vote in the Lok Sabha and many absentees were from the treasury benches, said a NDTV report. Mamata Banerjee’s Trinamool Congress, which didn’t want to be seen as opposing the bill, abstained from voting. Jagan Mohan Reddy’s YSR Congress Party also abstained. Nitish Kumar’s Janata Dal United, an ally of the National Democratic Alliance (NDA), has said the party will not back the “triple talaq” bill. Naveen Patnaik’s Biju Janata Dal is not keen on supporting the bill.

Most opposition parties, including the Congress, were opposed to stringent provisions like jail term for the husband. They contended that a penal provision cannot be introduced in a domestic issue that’s essentially civil in nature and that the bill, in its current form, would end up victimising the Muslims.

The government argues that the bill would stop victimisation of the women, and give them equal rights. The proposed law is based on gender equality and is part of the government’s philosophy of “Sabka Saath, Sabka Vikas, Sabka Vishwas,” Union Minister Prakash Javadekar said last week.

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Cried over Gaza, not a word on Bangladesh: Yogi Adityanath attacks opposition in UP Assembly

Yogi Adityanath criticised the opposition in the UP Assembly, accusing them of selective outrage over Gaza while remaining silent on violence against Hindus in Bangladesh.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Wednesday launched a sharp attack on the Opposition during proceedings in the State Assembly, accusing rival parties of indulging in selective outrage and appeasement politics while remaining silent on incidents involving Hindus in neighbouring countries, particularly Bangladesh.

Referring to recent incidents across the border, the Chief Minister said the Opposition raises its voice on international issues selectively but avoids speaking out when minorities, especially Hindus, are targeted in nearby nations.

“You shed tears over developments in Gaza, but not a single word comes out when a Dalit youth is killed in Bangladesh,” Adityanath said in the Assembly, alleging that such silence exposes the Opposition’s political priorities.

The Chief Minister further claimed that incidents of violence against Hindus would not have occurred had Pakistan and Bangladesh not been created, reiterating that issues are often viewed through the prism of vote bank politics. He said candle marches are organised for global events, but killings of Hindus in Pakistan or Bangladesh do not evoke similar responses.

Adityanath also called for a condemnation resolution in the Assembly, stating that it should ideally come from the Leader of the Opposition. He said such a resolution should clearly condemn the killing and convey a warning to the Bangladesh government.

Allegations over illegal immigration

Targeting the Opposition on the issue of illegal immigration, the Chief Minister alleged that they support Bangladeshi nationals and Rohingyas. He claimed that when authorities take action to expel illegal immigrants, Opposition leaders come out in their defence, alleging that many of them have been facilitated with voter registrations and Aadhaar cards.

Meanwhile, tensions between India and Bangladesh have been visible following recent developments. India summoned the Bangladesh High Commissioner for the second time in a week amid concerns arising from incidents in the neighbouring country.

The summons came in the backdrop of protests in Bangladesh following the killing of student leader Sharif Osman Hadi and the lynching of Dipu Chandra Das in separate incidents. Dipu Das, a 27-year-old youth from Mymensingh district, was beaten to death by a mob over alleged blasphemy on December 18, and his body was later set on fire, triggering widespread outrage.

The Interim Government of Bangladesh condemned the incident. Education Adviser C R Abrar visited the bereaved family on behalf of the government, expressed condolences, and assured them of financial and welfare assistance. The Office of the Chief Adviser also reiterated its resolve to protect all citizens and ensure justice in the case.

The killing has once again raised concerns at the international level over the safety and security of minorities in Bangladesh, with minority groups demanding strict action against those responsible.

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Jammu and Kashmir High Court rejects Mehbooba Mufti’s plea on undertrial prisoners, calls it politically motivated

The Jammu and Kashmir High Court has rejected Mehbooba Mufti’s PIL on undertrial prisoners, stating it was politically motivated and lacked factual basis.

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Mehbooba mufti

The Jammu and Kashmir High Court has dismissed a Public Interest Litigation (PIL) filed by People’s Democratic Party (PDP) president Mehbooba Mufti seeking the transfer of undertrial prisoners lodged in jails outside the Union Territory back to prisons within Jammu and Kashmir. The court termed the petition politically motivated, vague and unsupported by facts, observing that it was an attempt to derive political mileage rather than address a genuine public cause.

A bench headed by Chief Justice Arun Palli and Justice Rajnesh Oswal made it clear that public interest litigation cannot be used as a tool to advance political agendas or convert courts into platforms for electoral positioning.

Court says PIL cannot become a political platform

In its observations, the High Court said the plea appeared aimed at projecting the petitioner as a champion of justice for a specific section, rather than raising substantiated legal concerns. The bench underlined that while political parties are free to engage with voters through democratic means, the judiciary must remain insulated from political campaigns.

The court reiterated that PIL jurisdiction is meant to safeguard public interest and not to be misused for electoral gain or political leverage. It cautioned against attempts to draw the judiciary into political narratives.

Undertrials have legal remedies, says court

In the 15-page order passed on Tuesday, the High Court noted that the undertrial prisoners mentioned in the petition are already facing trial before competent courts. According to the bench, adequate judicial remedies are available to such undertrials to raise grievances related to their detention or place of incarceration.

The court further observed that the failure of the concerned undertrials to approach courts on their own indicated that they may not be genuinely aggrieved by their confinement in prisons outside the Union Territory.

No locus standi, petition dismissed

Dismissing the plea, the High Court held that Mehbooba Mufti was a third-party stranger to the cause and therefore lacked the locus standi to invoke the court’s jurisdiction in this matter. The petition was described as misconceived and was rejected accordingly.

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BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

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With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

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