Kerala’s first triple talaq arrest: Law misused to take revenge against husband after divorce?

coastaldigest.com web desk
August 17, 2019

Newsroom, Aug 17: In what appears to be a case of misuse of Prime Minister Narendra Modi government's so called Muslim Women (Protection of Rights on Marriage) Bill, popularly known as triple talaq bill, the police in Kerala have arrested a youth who had divorced after a prolonged marital dispute.

It is said to be the first case being initiated in Kerala on charge of instant triple talaq after the centre recently brought in a legislation to criminalise the practice which is sporadically found in the Muslim community.

E.K. Usam, 34, was arrested by the sleuths of jurisdictional Mukkom Police station in Kozhikode district on Friday.

"He was arrested following a warrant issued by a court in Thamarassery. Usam’s wife has accused him of divorcing her by pronouncing 'talaq' thrice on August 1," the police officer said, requesting anonymity.

It is learnt that the woman had initially approached the local police to lodge a complaint against husband. However, the cops refused to initiate action after realising that it was not an instant divorce as the couple had decided to part ways a few years ago.

Subsequently, she approached a local court which issued arrest warrant. The woman also alleged that Usam was planning to marry another woman and go abroad.

The accused was produced before the local court at Thamarasserry and he obtained bail from the court.

Usam has now been charged under Sections 3 (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 ) and 4 (any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine) of the Act.

Advocate P C Najeeb, who represented the accused, said that triple talaq law was misused by the complainant against her husband.

“They got married in May 2011. But serious differences were there and the woman even filed a domestic violence petition against her husband in 2014. The couple had decided to part ways long ago. Now the woman is trying to take revenge against the Usam by misusing the law,” he said.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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News Network
April 13,2024

Mangaluru, Apr 13: Prime Minister Narendra Modi is all set to campaign for the upcoming and much awaited Lok Sabha election in coastal Karnataka by holding a mega roadshow in Mangaluru. 

Meanwhile, the organisers have announced a slight delay in the commencement of Modi's scheduled roadshow on April 14 in Mangaluru.

Addressing the media BJP principal secretary and Karnataka MLA V Sunil Kumar said: Originally the roadshow was scheduled to begin at 5 pm., but it will start at 7:30 pm."

As planned, the Roadshow will kick off from Narayan Guru Circle, where Prime Minister Modi will pay floral tribute to Sri Narayan Guru idol. From there, the Roadshow will proceed and conclude at Navabharat Circle. 

Mr Kumar urged people traveling to Mangaluru to see Mr Modi's visit by 7 p.m. and stand behind the barricades. The roadshow is estimated to conclude at 8:30 pm.

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News Network
April 12,2024

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Bengaluru, Apr 12: The two men who allegedly plotted and executed the blast that rocked Rameshwaram Cafe in Bengaluru last month have been arrested from Kanthi in Bengal's East Midnapore district, the National Investigation Agency said Friday morning. 

Mussavir Hussain Shazeb and Abdul Matheen Taha were caught after a joint operation by central intelligence agencies and police from Bengal, Karnataka, Telangana, and Kerala, and are en route to Kolkata, the anti-terror agency said in a statement.

The available evidence indicates Shazeb planted the explosive device, placed inside a backpack, at the popular eatery. Taha was responsible for planning the attack and for their disappearance.

These are the second and third arrests in this case; last month Muzammil Shareef, who extended logistical support to the Shazeb and Taha, was taken into custody.

Residents of Karnataka's Shivamogga district, Shazeb and Taha were traced to Kanthi after officials conducted searches at 18 locations across Karnataka, Tamil Nadu, and even Uttar Pradesh.

The blast at Bengaluru's Rameshwaram Cafe on March 1 injured 10 people, customers and staff.

Fortunately there were no deaths; the bag containing the explosives was placed in a relatively less crowded area and against a large pillar that absorbed the brunt of the explosion.

After the blast, the NIA released photos and videos of the accused, as seen on CCTV cameras across Bengaluru. In one such clip, the accused - wearing a face mask - was seen boarding a bus.

The agency had declared a reward of ₹ 10 lakh for information leading to the arrest of each accused. The agency had also questioned their acquaintances, including college and school friends.

The Rameshwaram Cafe, which suffered extensive damage after the blast, reopened eight days later, with enhanced security measures including metal detectors.

BJP’s reaction

The Karnataka BJP on Friday attacked the Siddaramaiah government after the arrest of two men by the NIA in the Bengaluru cafe blast case, saying that the terrorists were 'brothers' of the Congress.

Taking to social media, Karnataka BJP stated, “National Investigation Agency (NIA) detains ‘Brothers’ of Congress in Rameshwaram Blast case. Ever since Jihadi Tipu Sultan’s admirers came to power in Karnataka, terrorists have got a free ride.”

“Chief Minister Siddaramaiah’s ‘Ease of Doing Terror’ Policies have prompted ISIS to now set up its shop in Karnataka. The only guarantee that CM Siddaramaiah has fulfilled is converting prosperous Karnataka into a terror hub,” the BJP stated.

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