Evening NEWS DIGEST (EARLY)
08 Dec.2016: 07 Rabiul Awwal 1438: Vol:8, No:57
INDIA: PERSONAL LAW VS UNIFORM CIVIL CODE
'Personal law not above Constitution, triple talaq unconstitutional, violates fundamental rights of Muslim women': Allahabad HC observation
The Allahabad High Court on Thursday called the practice of triple talaq among Muslims as 'unconstitutional'. Saying that no personal law board is above the Constitution, the court held that triple talaq violates the fundamental rights of Muslim women.
Here is the operative part of Allahabad High Court's observation:
'The question which disturbs the Court is should muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be amended suitably to alleviate their sufferings? The judicial conscience is disturbed at this monstrosity. The first wife has to live life for no fault of her but for the reason that her husband got attracted to a lady half of her age which is the reason for being divorced. The view that the Muslim husband enjoys an arbitrary, unilateral power to inflict evil instant divorce does not accord with Islamic injunctions. It is a popular fallacy that a Muslim male enjoys, under the Quaranic Law, unbridled authority to liquidate the marriage. The whole Quoran expressly forbids a man to seek pretexts for divorcing his wife, so long as she remains faithful and obedient to him. The Islamic law gives to the man primarily the faculty of dissolving the marriage, if the wife, by her indocility or her bad character, renders the married life unhappy; but in the absence of serious reasons, no man can justify a divorce, either in the eye of religion or the law. If he abandons his wife or puts her away in simple caprice, he draws upon himself the divine anger, for the curse of God, said the Prophet, rests on him who repudiates his wife capriciously. In other Islamic State, where the husband must satisfy the court about the reasons for divorce.
However, Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife's right to divorce. The divorce is permissible in Islam only in cases of extreme emergency. When all efforts for effecting a reconciliation have failed, the parties may proceed to a dissolution of the marriage by 'Talaq' or by 'Khola'. The statement that "the whimsical and capricious divorce by the husband is good in law, though bad in theology" cannot be approved as the correct law. The correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by two arbiters- one from the wife's family and the other from the husband's; if the attempts fail, talaq may be effected. (Ref: Pathayi v. Moideen 1968 KLT 763; A. Yousuf Rawther Vs. Sowramma, AIR 1971 Kerala 261; referred to with approval by the Supreme Court in Shamim Ara vs State Of U.P. & another : 2002 (7) SCC 518). The decision in Shamim Ara was rendered in 2002, wherein, the observation of the Division Bench judgment of the Kerala High Court was noticed and approved, which was rendered 20-30 years before.
Country has in recent times marched steps ahead in all walks of life including progressive interpretation of laws which cannot be lost sight of except by compromising with regressive trends.... "Law is dynamic and its meaning cannot be pedantic but purposeful." (Refer-- Bai Tahira Vs. Ali Hussain AIR 1979 SC 362).
The purpose of Law in a modern secular State based upon the Constitution is to bring about social change. The muslim community comprise a large percentage of Indian population, therefore, a large section of citizen, in particularly women, cannot be left to themselves to be governed by archaic customs and social practise under the garb of personal law purportedly having divine sanction. The women of the community continue to suffer bias, deprived of the protection, they should otherwise get through provisions in the Constitution that provide for equality and non discrimination.
India is a nation in the making, geographical boundaries alone do not define a nation. It is to be adjudged, amongst others, on the parameter of overall human development and how the society in particular treat their women; leaving such a large population to the whims & fancy of personal law which perpetuate gender inequality and is regressive, is not in the interest of society and the country. It impedes and drags India from becoming a nation. The instant divorce (Triple Talaq) though has been deprecated and not followed by all sects of muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the muslim community at large. Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quoran. Personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution.
I would not like to say anything further for the reason that the Supreme Court is seized with the matter.
In Shamim Ara, a statement merely made in the pleadings "written statement" though unsubstantiated that the wife was divorced upon delivering copy of the written statement, was not accepted by the Supreme Court and the subsequent marriage contracted by the husband was held void.
In the facts and circumstances of the present case, the petition stands dismissed. The legality of the marriage/divorce and rights of parties is kept open.' firstpost
Triple talaq unconstitutional, violates rights of Muslim women: Allahabad HC
Allahabad HC calls triple talaq unconstitutional; BJP, Congress hail observation
Triple Talaq unconstitutional, even Holy Quran terms practice a wrongful act: Allahabad HC
Muslim Personal Law Board slams Allahabad High Court's statement on triple talaq
New Delhi:The controversial observation of Allahabad High Court's on Tripple Talaq was welcomed by most political parties and slammed by Muslim men and organisations. Kamal Faruqui, Member, All India Muslim Personal Law Board, said, "Islam is one of the most progressive religions on women's rights. Talaq is a part of the Sharia law, so no interference should be there. The Constitution gives me the right to follow my religion. It's only an observation by the court, not a decision." Khalid Rasheed Firangi Mahali, Muslim cleric said,"I respect the High Court's verdict, but we have constitutional rights to appeal against the verdict if not satisfied. The AIMPLB's legal committee will study the verdict and the observation, and then it will file its appeal against the said verdict. I don't think it (triple talaq) is unconstitutional. If few people misuse the laws, you can take action against them and not remove the law." Renuka Chowdhury, Congress MP, said, "This should have happened long ago. I am happy that my Muslim sisters will have more rights, more security and dignity in their lives. It's an idea that has come of age." Meenakshi Lekhi, BJP MP, said"It is a progressive decision by the court. It should be welcomed by all, regardless of political affiliations. There is no Sharia law in the country. If there was, then people's head or hand would be cut off. The decision will benefit the Muslim community." RK Singh, BJP MP said, " It is a progressive move by the court. Only some orthodox people are objecting to it."IndiaToday
HDFC Chairman Deepak Parekh hits out at demonetisation drive, says it derailed economy
New Delhi:The much-respected Deepak Parekh, Chairman of HDFC did a big U-turn on his earlier stance and hit out at the demonetisation drive launched by PM Narendra Modi on high-value notes in a bid to stamp out black money and push the country onto the online payments platform. Parekh had earlier appreciated PM Modi’s decision that banned Rs 500 and Rs 1,000 currency notes. But in an interview with News18, he sounded quite skeptical about the move and its potential to script a windfall for India.Parekh said that the market and the corporate sector have been affected in major way and it might take a ‘quarter or so’ to get back to normal. And, on the day that RBI surprised everyone by keeping key rates unchanged at 6.25 per cent, Parekh said that he does not forsee any reduction in interest rate. During the interview, Parekh said everyone will have to wait for this quarter to find out the exact nature of the impact and added that from turnover to sales, everything has been affected.From a personal perspective Parekh said, “Practically everyone I speak to, has been impacted after Nov.8” (the date on which PM Modi announced the demonetisation drive). He also hinted at the helplessness of the corporates across the nation and said that there’s nothing more that can be done at the moment. “We want the normalcy to come back”, he said. financialexpress
Damning reports on demonetisation; The Economist, BBC journalists denied entry to RBI press briefing
The Economist magazine’s correspondent in Mumbai, Stanley Pingal, was denied entry to a press conference convened by the RBI on Wednesday. The Economist has recently published some critical on demonetisation in the magazine, which apparently irked the authorities, barring him from entering the press brief.Pingal says he was told “all media” cannot be accommodated “any more”. Responding to it, Pingal tweeted that it was a sad day for transparency in India.The Economist has published articles criticising demonetisation, which said that the currency ban was abrupt, drastic reform. It further contnded that the move was flawed and damaging for the economy.Pingal, who has been critical of new governor for not speaking to press, later tweeted that the RBI spokeswoman said decision to exclude him from the conference has nothing to do with The Economist’s coverage of demonetisation.According to Pingal, who had interviewed ex-RBI Governor Raghuram Rajan, The Economist was always been invited till the currency ban.However, the reports coming in suggest that it was not just The economist that was excluded from the press conference. A BBC World Reporter Sameer Hashmi tweeted that even the BBC has not been allowed for the press conference.In a series of tweets he condemned the move and termed the day ‘a sad day for transparency’. According to his tweets, space constraint was the official explanation he received from the authority. southlive
Demonetisation blues: No work or cash, over 10,000 daily wagers leave Gurgaon
Gurgaon: The demonetisation move by the Centre is turning out to be a nightmare for over 1 lakh construction workers in the city. Labour department sources said that 10,000-12,000 daily wage workers have already left Gurgaon.In the absence of work and cash, a majority of the seasonal workers are struggling to make ends meet. To get a clearer picture, the labour department has also ordered a survey.Gurgaon is a hub of real estate industry, where around 40,000-50,000 workers migrate to every season. An equal number stay for more than a year, but all workers have been affected.“Construction work in the unorganised sector has almost come to a standstill and the real estate industry is also witnessing a slowdown. There is no work for labourers and they also don’t have the cash to pay rent, buy food, or send it home,” Rajender Saroha, district convener, Bhawan Nirman Kamgar Union, Gurgaon, said.A majority of the workers in Gurgaon come from Rajasthan, Madhya Pradesh, UP and Bihar. They start arriving in August and continue to do so till Dec. Most stay here till March, before agricultural operations resume in their villages.HT
Parliament LIVE: Over 100 dead due to demonetisation, claims Congress in Rajya Sabha
Famous singer-turned-preacher Junaid Jamshed, wife killed in PIA plane crash
ISLAMABAD: Famous singer-turned-preacher Junaid Jamshed along with his wife was killed in the Islamabad-bound PIA PK-661 flight that crashed near Havelian on Wednesday.The renowned singer's brother confirmed that he was on board the flight, along with his wife.Mohammad Ayub, a friend of Jamshed, said that he dropped off the singer at the Chitral airport at 3pm. Jamshed’s wife was also with him, said Ayub, adding that Jamshed was staying at a local mosque in Chitral.Jamshed, a famous preacher, traveled extensively to spread Islamic teachings. He was in Chitral for preaching-related work. He had tweeted only a few days ago from Chitral:Following the tragic news of the crash, there was an outpour of grief from all walks of life as people mourned the demise of the popular singer-turned-preacher. From cricketers to journalists and TV stars - everyone was left saddened by the plane crash tragedy and the death of the 'Dil Dil Pakistan' icon Junaid Jamshed.Grieving relatives and fans gathered outside Junaid Jamshed's residence in Karachi.On Wednesday PIA plane PK-661 crashed on way from Chitral to Islamabad near Abbottabad, with all 47 passengers onboard killed. GEO TV
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Probe launched into Pakistan plane crash that claimed 48 lives
Peshawar: Pakistan International Airlines on Thursday blamed engine failure for the horrific plane crash which claimed 48 lives, even as the country's top civil aviation body launched a probe into the tragic accident.PIA plane PK-661 with 48 people, including famous pop singer-turned-Islamic preacher Junaid Jamshed, his wife and Deputy Commissioner Chitral Osama Warraich, on board crashed on Wednesday in Saddha Batolni village near Havelian while en route to Islamabad from Chitral in Khyber-Pakhtunkhwa province.According to the airline, the plane was an ATR-42 turboprop aircraft, which lost contact with the Air Traffic Control (ATC) at Islamabad's Benazir International Airport en route from Chitral.PIA Chairman Azam Saigol blamed engine failure for the deadly crash. "Around 4:15 PM the ATC received an emergency call from the pilot who informed them about the engine failure. A few minutes later, a mayday distress call was received from the pilot," Saigol told reporters.ATR-42 aircraft involved in the crash had undergone regular maintenance, including an 'A-check' certification in October, Saigol said. "I want to make it clear that it was a perfectly sound aircraft," Saigol said, ruling out technical or human error.Pakistan authorities were conducting DNA testing to identify the victims of plane crash as most of the dead bodies were charred beyond recognition. According to rescue official Ghayoor Mushtaq, all bodies had been retrieved by 02:00 AM this morning and shifted to Ayub Medical Complex in Abbottabad.Aviation Division Secretary Irfan Elahi said the Civil Aviation Authority's investigation board, headed by Air Commodore Munir, would lead the inquiry into the cause of the deadly crash."We hope the black box will be found soon which can help investigators. At the moment, there is no other reason for the plane crash other than the failure of the left engine," he said.PTI
Compiled and edited by Anwarulhaq (Released at: 2:40 PM)