SC refers triple talaq case to 5-judge bench; hearing on May 11

March 30, 2017

New Delhi, Mar 30: The Supreme Court decided today that a five-judge constitution bench will rule on the constitutional validity of the practice of triple talaq, 'nikah halala' and polygamy among Muslims. The hearing will begin May 11.

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The top court indicated last month that it was strongly leaning toward a five-judge constitutional bench deciding on these issues, as they are to do with the interpretation of the India's founding document.

The case relates to a batch of petitions filed in the top court - including by the Centre - regarding whether divorce by saying 'talaq' three times is legal or whether it impinges on equal rights or in this case, women's rights, and whether freedom to practice religion - via the Muslim Personal Law for Islam - takes precedence over basic freedoms, among other things.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a re-look on grounds like gender equality and secularism. 'Nikah halala' means a man cannot remarry a woman after triple talaq unless she has already consummated her marriage with another man and her new husband dies or divorces her.

The Muslim Personal Law Board has said that eliminating things like triple talaq 'are akin to rewriting the Quran and forcing Muslims to commit a crime.'

"The issues are very important. These issues cannot be scuttled," said a bench headed by Chief Justice J S Khehar and that includes Justices NV Ramana and DV Chandrachud.

Last month, the bench made it clear to the parties concerned that it would not deal with the factual aspects of particular cases and would rather decide the legal issue.

It's almost certain that Justice Khehar will head the constitutional bench.

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April 24,2024

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Bengaluru: Former Prime Minister H D Deve Gowda on Wednesday slammed Rahul Gandhi’s "wealth redistribution promise", stating that only someone with no practical knowledge can speak like that.

 “He is dreaming of a revolution. By talking about wealth redistribution, Rahul Gandhi has insulted and humiliated two Congress Prime Ministers who brought market reforms and increased the wealth of the nation,” he added, recalling the contribution of P V Narasimha Rao and Manmohan Singh in economic liberalisation.

Accusing Gandhi of indirectly trying to say that what the two Congress Prime Ministers did was wrong, Gowda said, "He (Rahul Gandhi) has torn up their economic reforms like he had torn up an ordinance (which sought to overturn the rule that disqualifies convicted MPs and MLAs) issued by (the then) Manmohan Singh (government)."

The 90-year-old JD(S) supremo ridiculed the Congress manifesto claiming that only a party that is sure of never coming to power can make as many promises.

“The Congress has promised so many things in its manifesto. The only party that is very sure of never coming to power will promise so much,” Gowda said at a press conference here.

He said the Congress wants to turn this country 'upside down' and the promises made by it indicated that it wants to come to power 'at any cost'.

“Rahul Gandhi wants to do a wealth survey and distribute the wealth. Does he think he is a mass leader,” Deve Gowda said.

Picking up points from the Congress manifesto ‘Nyay Patra’, Gowda said Rahul Gandhi wants to 'give 30 lakh new central government jobs and run this country'.

“There are only 40 lakh sanctioned jobs. How can he create 30 lakh more jobs overnight? How much will he pay these people? Where will he employ them,” he asked.

“Only someone with no practical knowledge can speak like this. (P) Chidambaram was the manifesto committee chairman. Does he agree with Rahul Gandhi’s immature economic ideas,” Gowda said.

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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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April 25,2024

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Bengaluru: The Congress and BJP will lock horns on the electoral battleground again, in less than a year, in Karnataka as the stage is set for voting in the first phase in 14 Lok Sabha seats on Friday.

It's going to be a straight fight between the ruling Congress and the BJP-JD(S) combine unlike the Assembly elections in May last year which witnessed a triangular contest among the three parties.

The state has a total of 28 Lok Sabha constituencies. The second phase of polling in the remaining 14 seats is on May seven.

A total of 247 candidates -- 226 men and 21 women -- are in the fray for the first phase in most of the southern and coastal districts.

More than 2.88 crore voters are eligible to exercise their franchise in 30,602 polling stations where polling will take place between 7 am to 6 pm.

While the Congress is contesting in all 14 seats, BJP has fielded nominees in 11 and its alliance partner JD(S), which joined the National Democratic Alliance (NDA) in three -- Hassan, Mandya and Kolar.

Besides the three, the segments where elections will be held on Friday are: Udupi-Chikmagalur, Dakshina Kannada, Chitradurga, Tumkur, Mysore, Chamarajanagar, Bangalore Rural, Bangalore North, Bangalore Central, Bangalore South and Chikkballapur.

In the 2019 Lok Sabha polls, Congress and JD(S), which were in alliance and ruling the state then, had secured just one seat each in these 14 segments. The BJP had won in 11 and ensured the victory of a party supported independent candidate in Mandya.

Having scored a thumping victory in the Assembly elections, the Congress now appears determined to put up a strong show.

Karnataka is the most important state for the BJP in south India as it's only here that it had held power in the past. 'Its alliance partner JD(S) is fighting to remain politically relevant, after the Assembly poll drubbing,' a political analyst said.

The Old Mysore region is the Vokkaliga heartland and parts of it have been the traditional bastion of the JDS.  However, the current elections are a battle for survival for JDS.

According to Karnataka Chief Electoral Officer Manoj Kumar Meena, 1.4 lakh polling officials will be on duty for the first phase.

Besides them, 5,000 micro-observers, 50,000 civil police personnel, 65 companies of Central Parliamentary Force and State Armed Police force of other States will also be deployed for security.

All the 2,829 polling stations of Bangalore Rural parliamentary constituency will be webcast, Meena said.

'This is as per the request of our returning officers and observers; so we have given more than double the Central parliamentary force for Bangalore Rural constituency. Seven companies of Central paramilitary forces have been inducted at the constituency since April 22,' he told reporters on Wednesday.

In fact, out of the total 30,602 polling stations in the first phase, 19,701 will be webcast, and 1,370 covered via CCTVs, he said.

Chikkaballapur has a maximum number of 29 candidates, followed by 24 in Bangalore Central, and Dakshina Kannada has the least number - nine.

JD(S) leader H D Kumaraswamy from Mandya, his brother-in-law and noted cardiologist C N Manjunath from Bangalore Rural on a BJP ticket, erstwhile Mysuru royal family scion Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore, also from the BJP, and Deputy Chief Minister D K Shivakumar's brother and MP D K Suresh of Congress from Bangalore Rural, are among the prominent candidates in the fray in the first phase.

Also in the fray are BJP MP Tejasvi Surya from Bangalore South against Minister Ramalinga Reddy's daughter Sowmya Reddy of Congress, Union Minister Shobha Karandlaje on BJP ticket from Bangalore North against former IIM Bangalore professor M V Rajeev Gowda of Congress.

The Congress' performance in the elections, especially in the first phase which covers almost all Vokkaliga-dominated districts, is being seen as a big test of sorts for its state unit chief Shivakumar, who has made no secret of his ambition to become chief minister, amid speculations of change in guard mid-way of the Assembly term.

Stakes are also high for Chief Minister Siddaramaiah, as victory in particular in his home turf—Mysore and Chamarajanagar—is seen as key for strengthening hands, analysts say.

For the JD(S) and its state chief Kumaraswamy, the task is cut out -- to prove that the regional party is still a force to reckon with, particularly in the Vokkaliga dominated Old Mysuru or South Karnataka region.

Both Shivakumar and Kumaraswamy are Vokkaligas, and are engaged in a fierce turf war to consolidate their clout over the dominant community.

It is also seen as a kind of a 'litmus test' for state BJP president B Y Vijayendra, who has the onerous task of helping the party retain its supremacy in the Lok Sabha elections.

Ensuring a BJP sweep is paramount for the son of veteran leader B S Yediyurappa, to consolidate his position and silence critics who have questioned his selection for the post, overlooking seniors and seasoned hands.

The ruling Congress is mostly banking on the implementation of its populist five guarantee schemes. The BJP and JD(S) seem to be leveraging the 'Modi factor' to the hilt.

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