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Triple talaq violates Indian Constitution and Rights of Women: Allahabad High Court

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Lucknow, May 9, 2017: The Allahabad High Court on Tuesday ruled that triple talaq was a violation of the Indian Constitution and that the rights of women cannot be violated in the name of personal law.

The court’s ruling came as it heard a case filed by a Muslim woman from Varanasi, with regard to harassment for dowry followed by a triple talaq by her husband Aqeel Jameel.

A single judge bench of Justice S.P. Kesarwani also refused to quash the dowry case as demanded by Jameel, who contended that he has divorced his wife and also procured a ‘fatwa’ in this regard by the Darul Ifta Jama Masjid in Agra.

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The court also ruled that the summon to the husband by the Varanasi Additional Chief Judicial Magistrate was valid on the grounds that prima facie the case was a criminal one as any fatwa did not enjoy the backing of law or have a legal sanctity.

No personal law is above the Constitution and triple talaq was a violation of the fundamental rights given to citizens under the Constitution’s Articles 14, 15 and 21, the court said. The court also said that any fatwa that is against law cannot be accepted. (IANS)

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RSS’ call to re-mould Indian Constitution

RSS chief Mohan Bhagwat says that the Army takes six to seven months to train its soldiers, the RSS can get its cadres ready for battle in two to three days

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The Sangh Parivar, better known as the Rashtriya Swayam Sewak Sangh (RSS) celebrated the 125th anniversary of the song in 2002
The Sangh Parivar, better known as the Rashtriya Swayam Sewak Sangh (RSS) celebrated the 125th anniversary of the song in 2002. Wikimedia Commons
  • RSS (Rashtriya Swayamsevak Sangh) is a is an Indian right-wing
  • RSS chief Mohan Bhagwat expressed his views on Indian Army’s preparation in his speech to RSS workers in Muzaffarpur in Bihar
  • Kiren Rijiju said if the Constitution permits, RSS can go ahead with its interference in military matters.

The Rashtriya Swayamsevak Sangh wants to re-mould the Indian State with a military which adheres to Hindutva, the Communist Party of India-Marxist (CPI-M) has said.

This is the message that emerges from RSS chief Mohan Bhagwat’s speech to RSS workers in Muzaffarpur in Bihar that while the Army takes six to seven months to train its soldiers, the RSS can get its cadres ready for battle in two to three days, the CPI-M said.

“This remark has drawn widespread condemnation, with the main criticism being that the RSS chief had insulted the Indian army by claiming that the RSS can do a better job than the Army in training soldiers,” an editorial in the CPI-M journal “People’s Democracy,” said.

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“While this criticism is valid, the intent of these remarks is much more serious,” it said. “The statement has revealed a vital aspect of the RSS outlook about the Army and the militarization of society.”

The editorial said: “What the RSS wants in the re-moulding of the Indian State is armed forces which adhere to Hindutva. For Bhagwat, the soldier in the Indian Army and the Swayamsevak of the RSS are on the same footing.

RSS support Hindus
RSS world’s largest organisation promote Hindutva.

“Under the present Indian Constitution, such an integration of the Army and the RSS is not possible.

Also Read: All you want to know about the ranks of Indian Army

That is why, both the RSS clarification and the defence put out by (Minister of State for home) Kiren Rijiju makes this qualification that if the Constitution permits, the RSS can go ahead with its interference in military matters.

“The implication is ominous: a re-worked Constitution should enable this to happen.”