Supreme court had ruled that the practice of triple talaq as illegal in August 2017.
On December 15, the Union Cabinet passed a bill which would make it a criminal offence
.The bill recommends a sentence of imprisonment for three years in case of a violation.
The bill also makes provisions for “subsistence allowance” for the women divorced through triple talaq.
On December 15, the Union Cabinet of India cleared a draft legislation, which would make the controversial practice of triple talaq a criminal offence in India, a violation of which may result in imprisonment for a period of three years for the husband. The recently approved bill, deemed as the ‘Muslim Women’s Protection of Rights on Marriage Bill’, was framed by a group of ministers including the External Affairs Minister Sushma Swaraj, the Finance Minister Arun Jaitley, and the Law Minister Ravi Shankar Prasad, and was headed by the Home Minister Rajnath Singh.
What is triple talaq
The practice of triple talaq, or talaq-e-biddat, is a Islamic ritual through which a man might divorce his wife by uttering the word ‘talaq’, that is, the Arabic word for ‘divorce’, three times. The controversial practice, which dates back to Islamic scriptures of the 8th century AD, was a common one among the Muslim population in India, often enacted through letters, emails, text messages, Skype and Whatsapp.
Triple Talaq Ban
On August 22, 2017, the Supreme Court of India had banned the archaic practice of triple talaq, after a long and hard legal battle fought by the Bharatiya Muslim Mahila Andolan (BMMA), also known as the Indian Muslim Women’s Movement. “Triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat … What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well,” they had declared, making India the 23rd nation to ban the practice of unilateral divorce, after Pakistan, United Arab Emirates and Egypt. Many non-governmental Islamic organizations, along with certain clerics had opposed the verdict, on the grounds that it was an infringement of their right to religion, which is ensured by Article 25 of the Indian Constitution. The Supreme Court, however, had decided to uphold Article 14 of the Constitution, which grants every citizen equality before the law. The verdict had met with mixed reactions among the people of India, attracting applause as well as apprehension all over the country.
However, in spite of the Supreme Court verdict, there have been reports of instant divorces performed through the process of oral declaration, as many continued to ignore the various advisories issued by the government. The new bill approved by the government also makes provisions for Muslim Women to demand “subsistence allowance” for herself and her minor children from her husband, in case she feels victimised by the now illegal practice of triple talaq.
A leader of India’s ruling Bharatiya Janata Party (BJP) has announced that he would pay a reward roughly equivalent to $1.5 million to anyone who would behead an Indian actress and a film director.
Surajpal Singh Amu, a member of the BJP in northern Haryana state, is apparently upset about an upcoming movie, Padmavati, starring actress Deepika Padukone as the 14th-century Hindu queen Padmini.
The movie is directed by Sanjay Leela Bhansali.
Amu alleged that the movie is misleading, not based on truth and offends Hindu sentiments in the country.
“We will reward the ones beheading them, with 10 crore rupees, and also take care of their family’s needs,” Amu said in an interview with India’s Asia’s Premier News (ANI) earlier this week.
Threats against movie
Amu also vowed not to allow the release of the movie and warned movie theaters to avoid playing the movie or risk being torched.
The movie was set to be released during the first week of December.
Rights activists have reacted strongly to the threats and urged the government to take action.
“This is pretty outrageous that you announce publicly and no action takes place at a time when people are being arrested for most trivial reasons in this country,” Gotum Naulakha, an Indian-based civil liberties activist, told VOA.
An official complaint has been registered against Amu, but many are criticizing the stance of the ruling Bharatiya Janata Party — which controls the central government led by Prime Minister Narendra Modi — on the matter.
“I’ve not heard any official stance from the central government or the Ministry of Information and Broadcasting,” Vinod Sharma, an Indian-based analyst, told VOA.
Anil Jain, a local BJP spokesperson, told ANI that the law applies to everyone in the state of Haryana and no one can threaten others. The central government has yet to react, however.
Bollywood actress Padukone stood her ground and said the movie would be released despite the threats.
“Where have we reached as a nation? We have regressed. The only people we are answerable to is the censor board, and I know and I believe that nothing can stop the release of this film,” Padukone told Indo-Asian News Service (IANS) last week.
Padmavati was controversial right from the start. Opponents of the movie stormed the filming of one scene and destroyed the film sets. They were upset that the director of the movie was distorting facts by alleging romance between the Hindu queen and the Muslim invader Alauddin Khilji.
Film director Bhansali, however, denies the allegations and maintains the story is based on a Sufi and medieval-era poem written about the Hindu queen. In the poem, the Hindu queen chooses death before the Muslim conqueror could capture her.
Some experts say the poem is centuries old and there is a possibility the Hindu queen might be purely a fictional character found only in folklore.
“There’s a lot of debate in India whether Padmavati was actually a living being many, many years ago or whether she was just an imagined person in a poem,” analyst Sharma said.
Rights activists maintain that if government fails to draw clear lines around the threat made by the politician, and discourage a growing sense of impunity for some, incidents like this will only increase and threaten the freedom of expression in the world’s biggest democracy.
“By letting loose and giving [a] sense of impunity to the goons of the ruling party or people who’re connected or close to the ruling party, we’re paving the ground for much bigger and [worse] things to happen in the near future,” Naulakha told VOA.
The movie is awaiting approval from India’s Central Board of Film Certification.
Gurugram, November 8, 2017 : A 16-year-old student of Ryan International School in Gurugram who wanted exams and a scheduled meeting between teachers and parents delayed is the prime accused in the murder of Class 2 student Pradhuman Thakur, the CBI said on Wednesday.
CBI spokesperson Abhishek Dayal said the Class 11 student was detained on Tuesday night after “inspection of the crime spot, scrutiny of CCTV footage, call records, statements and questioning of several people” revealed that he had carried a knife inside the school campus on the day of the crime and used it to kill his junior school mate.
“The weapon used in the commission of crime is a knife which was recovered initially by police in Gurugram (Haryana). It is now with us,” Dayal told reporters here.
He said the detained student was weak in studies and “wanted to have examination and parent-teacher meeting postponed”. Pradhuman, 7, was his random target.
The parents of the detained student were kept informed throughout the investigation, said the spokesperson for the Central Bureau of Investigation.
The CBI took over the case on September 22 from Haryana Police, nearly two weeks after the Class 2 boy was found with his throat slit in a bathroom of Ryan International School.
The accused will now be produced before the Juvenile Justice Board, where the court is expected to decide whether he is to be treated as a major or a minor as per the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Haryana Police had earlier claimed that Pradhuman was killed by Ryan International School bus conductor Ashok Kumar inside the toilet as the boy resisted a bid to sodomise him.
While Ashok Kumar was arrested, Pradhuman’s parents and two other staffers have claimed that he was being made a scapegoat. (ians)