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Triple Talaq Bill not a prestige issue for govt, seeks justice for Muslim women: BJP

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NEW DELHI: The ruling BJP on Monday said that the controversial Triple Talaq Bill, which is facing stiff resistance from several quarters, is meant to seek justice for thousands of Indian Muslim women and the government is determined to push hard for its clearance in the Parliament.

While stating that the Triple Talaq Bill, which is listed in Rajya Sabha, is not a question of government’s reputation, Union Minister Narendra Singh Tomar urged all parties to support the bill in the Upper House.

”Triple Talaq Bill is listed in Rajya Sabha, it’s not a question of government’s reputation. The Bill is meant to get justice for women, so everyone should support it. We all must help in getting the Bill passed, ” Tomar told ANI.

 

In view of stiff resistance to the Triple Talaq Bill, the Narendra Modi government had last week said that it was receptive about any “constructive suggestions” by the Opposition on the controversial bill.

The response came from Union Law Minister Ravi Shankar Prasad when questioned as to why the NDA government was not accepting the Opposition demand to refer the Muslim Women (Protection of Rights on Marriage) Bill, 2018 to a Select Committee of Parliament for scrutiny.

“Our decision will be decided on the floor of the House when I speak there. We have already improved a lot of things. A Select Committee is important, but the plight of victim women is equally important. I would appeal to the MPs to listen to their plight,” Prasad said.

“We have no ego in…But the thing is that whatever is needed to be improved has been done. If they (Opposition) have a constructive suggestion, they can give us. We are open to considering them. But they did not give any suggestion in the Lok Sabha,” he added.

During the discussion on the Bill in Lok Sabha, the Opposition, and even the fence sitters such as the AIADMK and BJD, unanimously demanded that the Bill be referred to a joint committee for scrutiny.

The government did not yield to the demand and got the Bill passed after a four-hour debate.

When the Bill came up for discussion and passage in Rajya Sabha on December 31, the Opposition pressed for voting on the Bill whether it should be sent to a select committee of the House.

The voting could not take place due to din and subsequent adjournment.

PM Narendra Modi had recently said that Triple Talaq is a matter of gender equality while referring to a question on the entry of women in Kerala’s Sabarimala temple, which, he said, was related to age-old tradition.

Talking to ANI, Prime Minister tried to clear the air on BJP`s apparent contradiction in its stand on the controversial Triple Talaq Ordinance and the ban on entry of women between the age group of (10-50 years) in the Sabarimala Temple by saying the Ordinance against Triple Talaq was brought keeping in mind gender equality and social justice and it should not be seen as interference in religious issues.

“Triple Talaq Ordinance was brought after Supreme Court verdict. We have said in our BJP manifesto that a solution would be found to this issue under the Constitution,” Prime Minister Modi said.

“Most Islamic countries have banned Triple Talaq. So it is not a matter of religion or faith. Even in Pakistan, Triple Talaq is banned. So it is an issue of gender equality, a matter of social justice. It is not an issue of faith. So keep the two separate,” the PM said.

Amid a walkout by some opposition parties, the Triple Talaq Bill was passed in the Lok Sabha with the support of 245 votes against 11 on December 27, 2018.

The Triple Talaq Bill makes the practice of instant divorce among Muslims a criminal offence with a provision of three-year jail term for the erring husband.


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Hindu woman-Muslim man marraige not ‘regular or valid’ but child born is legitimate: SC

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New Delhi: A marriage of a Hindu woman with a Muslim man is not a “regular or valid” but the child born out of such wedlock is legitimate, the Supreme Court held.

It also said that the legal effect of such an irregular marriage is that a wife is entitled to get dower but cannot inherit the husband’s property.

The court held that the child born in an irregular marriage is legitimate just like in the case of a valid marriage and is entitled to inherit the property of the father.

 

A bench of justices N V Ramana and M M Shantanagoudar upheld the order of the Kerala High Court by which it was ruled that the son of a couple – Mohammed Ilias and Valliamma (who was Hindu at the time of marriage) – was legitimate and was entitled for share in his father’s property according to law.

“We conclude that the marriage of a Muslim man with an idolater or fire?worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property,” the bench said.

The top court while dismissing the appeal against the high court order said that since Hindus are idol worshippers, which includes worship of physical images or statues through offering of flowers and adornment, it is clear that the marriage of a Hindu woman with a Muslim man is merely an irregular one.

It was hearing a property dispute matter in which Shamsuddin, son of Ilias and Valliamma, claimed share in the ancestral property through inheritance after the death of his father.

It said “the legal effect of an irregular marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband. But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.”

The court, on the other hand, said that the effect of a void marriage is that it does not create any civil right or obligations between the parties and the children born out of such wedlock are illegitimate.

The bench said that under Muslim law, a marriage is not a sacrament but a civil contract and there are three types of marriage – valid, irregular and void.

The court said that high court relied on principles of Islamic law to conclude that such rules do not treat the marriage of a Muslim with a Hindu woman as void, and confers legitimacy upon children born out of such wedlock.

Referring to this law, the bench said that a marriage which is not valid may be either void or invalid.

“A void marriage is one which is unlawful in itself, the prohibition against such a marriage being perpetual and absolute. An invalid marriage is described as one which is not unlawful in itself, but unlawful for something else…(like absence of witnesses),” the bench said.

Shamsuddin’s claim over property was opposed by his cousins who alleged that his mother was not the legally wedded wife of Ilias and she was a Hindu by religion at the time of marriage.

They claimed that she had not converted to Islam at the time of her marriage, and thus Shamshuddin being the son of Valliamma, is not entitled to any share in Ilias’s property.

The top court said that it was not disputed that Valliamma was the wife of Ilias and contrary to the claims, birth register records maintained by statutory authorities indicate that Shamshuddin was their son.

“On the contrary, he is the legitimate son of Mohammed Ilias, and consequently is entitled to inherit the shares claimed in the estate of his father,” it said.

It said that it was also not denied that Ilias and Valliamma were living together as husband and wife at Thiruvananthapuram.

“Under these circumstances, in our considered opinion, the trial court and the high court were justified in concluding, based on the preponderance of probabilities, that Valliamma was the legally wedded wife of Mohammed Ilias, and the plaintiff (Shamshuddin) was the child born out of the said wedlock,” it held.

The bench also upheld the finding of the high court that though Shamshuddin was born out of a ‘fasid’ (irregular) marriage, he cannot be termed as an illegitimate son of Ilias.

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9 men including teenager arrested by Maharashtra ATS for links with ISIS

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Mumbai: Nine men including a teenager have been arrested for terror links from Maharashtra’s Mumbra, Thane and Aurangabad.

Maharashtra’s Anti-Terror Squad (ATS) alleged that all of them are linked to the ISIS terror group.

The Maharashtra ATS was investigating the presence of sleeper cell ahead of Republic Day.

 

“Based on reliable information, total 9 youths have been brought for questioning. Inquiries are in progress. Further details will be informed in due course,” said ATS.

ATS also said that certain chemicals, powder, mobile phones, hard drives SIM cards, acid bottle, sharp knives etc were seized during searches.

A case has been registered under Unlawful Activities (Prevention) Act 1967.

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Priyanka named Cong Gen Secy for UP East, may contest from Rae Bareli

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Mumbai :Priyanka Gandhi Vadra took the political plunge on Wednesday, just a few months before the Lok Sabha election with Congress president Rahul Gandhi naming his sister as the All India Congress Committee General Secretary for Uttar Pradesh East.

Priyanka Gandhi will take charge in the first week of February 2019. She is likely to contest the Lok Sabha election from the Gandhi bastion of Rae Bareli, sources told Zee News. The seat is currently represented in the Lok Sabha by her mother Sonia Gandhi.

Speaking on the development, senior Congress leader Motilal Vohra said, “The responsibility given to Priyanka ji is very important. This will not only have an effect on eastern Uttar Pradesh but also other regions.”

 

The Congress also appointed Jyotiraditya Scindia as the General Secretary for Uttar Pradesh West and KC Venugopal as Congress General Secretary (Organisation).

Venugopal remains the AICC General Secretary in-charge for Karnataka, a state the Congress is in power in alliance with the Janata Dal Secular of former prime minister HD Deve Gowda.

Jyotiraditya Scindia, the Congress Lok Sabha MP from Guna in Madhya Pradesh and one of the architects of the party’s victory in the recent assembly election in the state, will handle Uttar Pradesh West as the party General Secretary.

“Hon’ble Congress President Shri Rahul Gandhi has appointed Shri K C Venugopal as AICC General Secretary (organisation) with immediate effect He will continue in his role as AICC General Secretary In-Charge for Karnataka. The note reads – The Party appreciates the contribution of Shri Ashok Gehlot as AICC General Secretary (Organisation). Hon’ble Congress President has also appointed Smt Priyanka Gandhi Vadra as AICC General Secretary for Uttar Pradesh East. She will be taking charge with effect on first week of February 2019. Hon’ble Congress President has also appointed Shri Jyotiraditya Scindia as AICC General Secretary for Uttar Pradesh West with immediate effect. The Party appreciates the contribution of Shri Ghulam Nabi Azad as AICC General Secretary of Uttar Pradesh He will now be AICC General Secretary for Haryana with immediate effect,” read the Congress press release.

Uttar Pradesh, the biggest state in the Lok Sabha with 80 seats, is likely to see a triangular contest between the Bharatiya Janata Party-led National Democratic Alliance, Samajwadi-Party-Bahujan Samaj Party combine and Congress in the upcoming Lok Sabha election.

Reacting to the development, BJP leader Sambit Patra said, “This is not a challenge for BJP. This was expected. It’s family dynasty and reflects that Rahul Gandhi has failed. And in future, Robert Vadra too will enter politics. Only a Gandhi can become president of the party.”

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