Bill criminalising instant triple talaq, WhatsApp talaq introduced in LS

Agencies
December 28, 2017

New Delhi, Dec 28: The Central government today introduced the so called Muslim Women (Protection of Rights on Marriage Bill) 2017 in the Lok Sabha for discussion.

The Bill aims to criminalise the rare practice of instant triple talaq, which the Supreme court had earlier deemed unconstitutional and arbitrary, while introducing a 3-year-long prison sentence along with a fine for anyone who uses triple talaq.

While the Union Law Minister Ravi Shankar Prasad insists that the law is meant for women's rights & justice & not regarding any prayer, ritual or religion, opposition leaders including Assaduddin Owaisi of the AIMIM and Bhartruhari Mahtab of the BJD have voiced their dislike of the bill for various reasons.

Owaisi says that the bill violates Article 15 and lacks legal coherence, while Mahtab is opposing it on grounds of 'internal contradictions', adding that the party is against the 3-year sentence provision.

Meanwhile, the Congress has come out in support of the Bill, but has expressed some reservations as to whether the burden of proof would fall on the wife and whether the wife would be given right to the husband's property or will she be abandoned.

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.

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News Network
April 25,2024

modirahul.jpg

The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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News Network
April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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News Network
April 25,2024

modirahul.jpg

The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

Comments

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