Wife alleges Triple Talaq , FIR against Lawyer

On Thursday afternoon, an FIR has been registered against a 31-year-old lawyer after his 26-year-old wife alleged that he gave her triple talaq, outside Parliament Street police station. A case under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act has been registered.

Additional DCP (New Delhi) Deepak Yadav said, “An FIR was filed Friday; no arrest has happened so far. We are collecting evidence & investigating the matter. This is the first case of triple talaq in the New Delhi district.”

The Muslim Women (Protection of Rights on Marriage) Bill, 2019, which makes the practice of instant triple talaq a penal offence, had received the approval of the Rajya Sabha on July 30.

The woman told The Indian Express, “On Thursday, we were both at the mediation cell at Parliament Street police station. When we stepped out, I told my husband that he’s ruined my life, & after some time he said ‘talaq, talaq, talaq’.”

She also alleged her husband beat her & her father, who was accompanying her at the time.

Triple Talaq: SC issues notice to Centre on plea against new law; agrees to examine validity

The Supreme Court on Friday agreed to examine the validity of a newly enacted law which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years.

A bench of justices N V Ramana and Ajay Rastogi issued notice the Centre on a batch of petitions which has sought to declare The Muslim Women (Protection of Rights on Marriage) Act 2019 as “unconstitutional” on grounds that it allegedly violates the provisions of the Constitution.

“We will examine this,” the bench told senior advocate Salman Khurshid, who was appearing for one of the petitioners.

Khurshid told the bench that there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which was required to be examined by the top court.

Triple Talaq: SC agrees to examine validity of new law; issues notice to Centre

The Supreme Court Friday agreed to examine the validity of a newly enacted law which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years.

A bench of justices N V Ramana and Ajay Rastogi issued notice to the Centre on a batch of petitions seeking to declare The Muslim Women (Protection of Rights on Marriage) Act 2019 as “unconstitutional” on grounds that it allegedly violates the provisions of the Constitution.

“We will examine this,” the bench told senior advocate Salman Khurshid, who was appearing for one of the petitioners.

Khurshid said there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which need to be examined by the top court.

He said the petitioners were concerned about making the practice of triple talaq among Muslims an offence as the apex court had already declared it to be null and void.

“If there is no such thing as triple talaq then what are they making an offence,” he told the bench and referred to a five-judge Constitution bench verdict which had declared the practice of triple talaq among Muslims as null and void.

To this the bench asked, suppose if a religious practice is declared as null and void and it is declared as an offence like dowry and child marriage, but if it still goes on then what is the remedy.

Responding to the query, Khurshid said several aspects have to be examined and in the triple talaq matter the Constitution bench had already said the practice is void.

He said it has to be examined whether the religious practice denies the rights to the woman.

The bench, while agreeing to examine the validity of the 2019 Act, observed that petitioners have also raised the issue of punishment of up to three years and grant of bail to the husband only after the woman is heard by the court.

A total of four petitions have been filed in apex court challenging the validity of the law.

Two Muslim organisations Jamiat Ulama-I-Hind and ‘Samastha Kerala Jamiathul Ulema’, a religious organisation of Sunni Muslim scholars and clerics in Kerala, have moved the Supreme Court this month challenging the law’s validity.

Jamiat Ulama-I-Hind approached the apex court on Thursday.

President Ram Nath Kovind has given assent to the Act which makes ‘talaq-e-biddat’ or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

In the plea filed through advocate Ejaz Maqbool, Jamiat Ulama-I-Hind has claimed that since the pronouncement of talaq by a Muslim husband upon his wife had already been declared “void and illegal”, there was no requirement to enact the law.

“However, the impugned Act criminalises the act of pronouncement of talaq by a Muslim husband and makes it a cognizable offence, without appreciating that such pronouncement had already been declared unconstitutional and amounted to nullity in the eyes of law,” the plea said.

Referring to the provision of the Act which stipulates punishment of up to three years jail along with fine, the plea said it is an “ill-conceived provision which imposes excessive and disproportionate punishment.”

It claimed that “criminalising a mode of divorce in one particular religion while keeping the subject of marriage and divorce in other religions only within the purview of civil law, also leads to discrimination, which is not in conformity with the mandate of Article 15”.

Article 15 of the Constitution deals with prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

The plea said that punishment prescribed under the Act “is not only disproportionate but extremely excessive and stringent”.

Referring to other offences punishable under the Indian Penal Code (IPC), including rioting, bribery and causing death by negligence, the plea said that lesser punishment has been prescribed for many offences “which are far graver”.

It said that section 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes the pronouncement of talaq, having the effect of instantaneous divorce, a cognisable and a non-bailable offence.

The plea said that offences like kidnapping, causing death by negligence and bigamy, are bailable “which show that making the pronouncement of instantaneous talaq non-bailable is excessive and evidently unwarranted”.

The plea said that marriage is civil contract as per the Islamic Law and talaq is only a mode to repudiate the contract and imposition of criminal liability for a civil wrong violates the fundamental rights of Muslim men.

It said that “object of punishment must not be to wreak vengeance but to reform the criminal as to prevent him from further crime.”

The plea said that the Act, by providing for imprisonment of the husband, fails to ensure cordiality in marriage and would lead to “irretrievable breakdown” of the wedlock.

It said pronouncement of ‘triple talaq’ is considered invalid in several Islamic countries but no punishment has been prescribed for this.

The Act makes it illegal to pronounce talaq three times — spoken, written or through SMS or WhatsApp or any other electronic chat — in one sitting.

“Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal,” the law says.

“Triple Talaq” Test In Rajya Sabha, BJP Issues Whip To Leaders: 10 Points

Although opposition parties oppose the bill, the government maintains that it is a step towards ensuring gender equality and justice.

The contentious bill to ban Triple Talaq – the practice of Muslim men to instantly divorce their wives – will take the Rajya Sabha test today. The bill faces strong resistance not only from the opposition parties but from some BJP allies like Nitish Kumar & parties which provide issue-based support. The government is a minority in the Rajya Sabha. But last week, it managed to push through another contentious bill to amend the landmark Right To Information Act with help from parties like Naveen Patnaik’s Biju Janata Dal, Telangana’s ruling TRS, Mehbooba Mufti’s PDP & Jaganmohan Reddy’s YSR Congress. This time, the BJD & the Telangana Rashtra Samithi, which were also against the bill, have declared that they would support it in Rajya Sabha.

 

Here are the top 10 updates on the “Triple Talaq” bill:

  1. The Triple Talaq Bill, which seeks a three-year jail term for the husband in cases of instant divorce, could not make it through the upper house earlier this year during the first term of Prime Minister Narendra Modi’s government, although it was passed by the Lok Sabha.
  2. The NDA has 107 members in the Upper House. With the support of the Biju Janta Dal & Telangana’s ruling TRS, the bill will have the support of 120 members. The majority mark in the upper house is 121.
  3. Nitish Kumar’s Janata Dal United, which has maintained it was against the bill, had said in the Lok Sabha that such a law would create a “lack of trust in the society”. This morning, Prime Minister Narendra Modi had dialled the Bihar Chief Minister to discuss the flood situation in the state.
  4. The bill — officially known as the Muslim Women (Protection of Rights on Marriage) Bill-2019 — was passed by the Lok Sabha amid a walkout by several opposition parties including the Congress & the Trinamool Congress on July 25.
  5. The opposition parties say in its current form, the proposed law could be misused to harass Muslims & want it to be reviewed by a parliamentary committee.
  6. The government maintains the bill is a step towards ensuring gender equality & justice & that the opposition parties are politicising the issue.The ruling BJP has issued a whip mandating the compulsory attendance of its lawmakers to ensure its passage.
  7. The Congress & other opposition parties have made it compulsory for their members to attend today’s session.
  8. Many opposition parties, including the Congress, Trinamool Congress & the DMK, have questioned the government’s motive behind “rushing” the bill through parliament.
  9. Last Friday, as many as 17 opposition parties wrote to Rajya Sabha chairman Venkaiah Naidu to express anguish over the “hurried” passage of bills in parliament in this session with little or no scrutiny.
  10. “Don’t look at this issue through the political lens. This is an issue of justice & humanity… an issue of women rights & empowerment… we can’t abandon our Muslim sisters,” said Union Minister Ravi Shankar Prasad, who introduced the bill in the Lok Sabha last week.

 

Cabinet passes triple talaq ordinance, Instant triple talaq to be a crime now

NEW DELHI: The Union Cabinet has passed an ordinance which criminalises making instant triple talaq a punishable offence with a three-year jail term and the woman will be entitled to maintenance.

Giving details about the provisions of the ordinance, law minister Ravi Shankar Prasad said the core component is that an offence will be cognizable only when the FIR is filed by the victim wife or her close relations by blood or marriage.

Prasad also slammed Congress for blocking the bill from becoming law. Alluding to Sonia Gandhi, he said, “It’s my serious charge with full sense of responsibility that a distinguished woman leader is ultimate leader of the Congress, yet barbaric inhuman triple talaq was not allowed to be ended by a Parliamentary law for pure vote bank politics.”

The triple talaq bill aims to ‘set aside’ the centuries-old practice of instant divorce or talaq-e-biddat by men. Muslim women had petitioned the court, arguing that practice of husbands divorcing them through “Triple Talaq”, including by Skype and WhatsApp.

Bill criminalising triple talaq introduced in Lok Sabha

A bill to make instant triple talaq illegal and void and awarding a jail term of three years for the husband, was introduced in the Lok Sabha today.

Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill, calling it a “historic day” amid opposition to its introduction by members of different parties, including RJD, AIMIM, BJD and All India Muslim League.

The law is about justice and respect for women and is not about any religion or community, he said, adding that the practice of instant triple has continued despite the Supreme Court order terming it void.

Parliament has to decide whether the victims of triple talaq have fundamental rights or not, he said after some oppositionmembers claimed it violated the fundamental rights guaranteed under the Constitution.

“It is a historic day. We are making history today,” Prasad said.

The proposed law would only be applicable on instant triple talaq or ‘talaq-e-biddat’ and give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.

The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

Under the law, instant triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.

According to the proposed law which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable offence.

Source : PTI

Triple talaq arbitrary, violates right to equality: SC

Triple talaq arbitrary, violates right to equality: SC
Triple talaq arbitrary, violates right to equality: SC

The practice of triple talaq was “manifestly arbitrary” as the marital tie could be broken “whimsically” by a Muslim man and it must be held to be violative of fundamental right of equality, the Supreme Court today said.

One of the two separate majority judgements, penned by Justice R F Nariman, said the provision of the Muslim Personal Law (Shariat) Application Act, 1937 must be struck down as being void to the extent that it recognises and enforces the practice of triple talaq.

Justice Nariman, whose views were concurred with by Justice U U Lalit, said that subordinate legislation could be struck down on the ground that it was arbitrary and violative of Article 14 (right to equality) of the Constitution.

“It is clear that this form of talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it,” he said in his 93-page judgement.

“This form of talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India,” he said.

The majority judgement also said that applying the test of manifest arbitrariness in this case, “it is clear that triple talaq is a form of talaq which is itself considered to be something innovative, namely, that it is not in the Sunna, being an irregular or heretical form of talaq”.

It referred to the fact that the Hanafi school of Shariat law, which itself recognises this form of talaq, has said that though lawful, it is sinful.

“Given the fact that triple talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place,” the verdict said.

In a historic verdict, the apex court today put the curtains down on the 1,400 year old practice of ‘triple talaq’ among Muslims.

The five-judge Constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ triple talaq is set aside”.

The two separate judgements, written for majority by justices Kurian Joseph and Nariman, did not concur with the CJI and Justice S A Nazeer that ‘triple talaq’ was a part of religious practice and the government should step and come out with a law.

( Source – PTI )

Sibal welcomes SC verdict setting aside triple talaq

Sibal welcomes SC verdict setting aside triple talaq
Sibal welcomes SC verdict setting aside triple talaq

Congress leader and senior advocate Kapil Sibal, who had fought the triple talaq case for the All India Muslim Personal Law Board (AIMPLB), today welcomed the Supreme Court verdict setting aside the practice, terming it as “dying” and “sinful”.

Sibal, who had argued before a five-judge constitution bench that triple talaq was an integral practice in Islam, told PTI that this was a “dying” and “sinful” practice and even the AIMPLB had agreed to suggest Qazis to give women the liberty to say ‘no’ to ‘talaq-e-biddat’ at the time of execution of the Nikahnama (marriage contract).

“We welcome the judgement in its entirety on the issue of practice of instantaneous divorce through triple talaq,” he said.

“It is a dying practice. This has been accepted by all of us as sinful and must be deprecated. AIMPLB has proposed that in the Nikahnama, a choice would be given to the woman that she will not accept this practice of divorce through triple talaq,” Sibal said.

Referring to the common points in the dissenting judgements, the astute lawyer said all the judges at the bench have agreed that personal law cannot be challenged on the grounds of infringment of fundamental rights.

“The verdict has protected the personal law that there can not be a challenge to Part III of the Constitution which has been held by Chief Justice J S Khehar and Justice S Abdul Nazeer in their minority judgement,” he said.

He said even Justice Kurian Jospeh, who through a majority verdict set aside the practice of triple talaq, agreed with the CJI and Justice Nazeer that personal law has to be protected.

Sibal said Justice Joseph had also disagreed with Justices R F Nariman and U U Lalit that the 1937 Act was not a legitimate law.

He disagreed with the perception that the judgement is a step towards achieving the goal of Uniform Civil Code which can only come through a legislation.

In a lighter vein, the Congress leader said Prime Minister Narendra Modi should also make efforts to bring a law to ensure justice for Hindu women in certain cases.

The five-judge constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ triple talaq is set aside”.

The two separate judgements, written for majority by Justices Kurian Joseph and R F Nariman, did not concur with the CJI and Justice S Abdul Nazeer that ‘triple talaq’ was a part of religious practice and the government should step and come out with a law.

( Source – PTI )

SC verdict on triple talaq signifies nation’s progress: ASG

SC verdict on triple talaq signifies nation's progress: ASG
SC verdict on triple talaq signifies nation’s progress: ASG

The landmark verdict of the apex court setting aside the practice triple talaq among Muslims, “speaks volume about the progress of the nation”, Additional Solicitor General Pinky Anand said today.

The ASG, who was part of the central government’s legal team led by former Attorney General Mukul Rohatgi, also said that the judgement heralded good things for the country as the practice has been condemned by almost all quarters.

“I think it (judgement) heralds good things for the country and its citizens. We have been able to deal with the malpractice and degrading practice and cast them away with the taint,” Anand said.

The Supreme Court, through a majority verdict, today set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.

The apex court held that the triple talaq was against the basic tenets of Quran.

“It speaks volume about the progress of the nation and all its stakeholders. This is the practice that has been condemned from almost all quarters but it needs the vision of our leaders and the institutions of the country to deal with it,” Anand said.

“What is extremely important is the finding that all citizens have fundamental rights to life, liberty, dignity and equality and these inalienable rights are uncompromisable,” she added.

( Source – PTI )

Advisory to Qazis to tell bridegrooms not to go for triple talaq: AIMPLB to SC

Advisory to Qazis to tell bridegrooms not to go for triple talaq: AIMPLB to SC
Advisory to Qazis to tell bridegrooms not to go for triple talaq: AIMPLB to SC

The All India Muslim Personal Law Board (AIMPLB) today told the Supreme Court that it would issue an advisory to ‘Qazis’ to tell bridegrooms that they will not resort to triple talaq to annul their marriage.

In an affidavit, AIMPLB said that it has decided to issue an advisory through its website, publications and social media platforms asking Qazis to tell bridegroom at the time of execution of ‘Nikahnama’ (marriage contract) that they would not resort to “three divorces in one sitting” in case of differences as it was an “undesirable practice in Shariat”.

“At the time of performing Nikah (marriage), the person performing the Nikah will advise the bridegroom/man that in case of differences leading to talaq the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat,” the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim said.

“At the time of performing ‘Nikah’, the person performing the ‘Nikah’ will advise both the bridegroom/man and the bride/woman to incorporate a condition in the ‘Nikahnama’ to exclude resorting to pronouncement of three divorces by her husband in one sitting,” it said.

The affidavit would be perused by a five-judge Constitution bench headed by Chief Justice J S Khehar which has reserved its verdict on the issue of triple talaq last week.

The apex court had on May 18 eserved its verdict on a bunch of pleas challenging the constitutional validity of triple talaq among Muslims after hearing parties including the Centre, the AIMPLB and the All India Muslim Women Personal Law Board for six days in summer vacation.

During the hearing it had asked Muslim bodies as to how can a practice like triple talaq be a matter of “faith” when they have been asserting that it is “patriarchal”, “bad in theology” and “sinful”.

( Source – PTI )