New Delhi: The practice of ‘triple talaq’ is “fatal for the social institution of marriage” and “makes Muslim women’s condition very pathetic”, the government argued Monday in an affidavit filed before the Supreme Court.
The government said the top court’s setting aside of the practice – that had been held valid among certain Muslim communities – in 2017 had “not worked as a sufficient deterrent in bringing down the number of divorces by this practice” among members of those communities.
“Victims of ‘triple talaq’ have no option but to approach the police… and the police were helpless as no action could be taken against husbands in the absence of punitive provisions in the law. In order to prevent (this) there was an urgent need for stringent (legal) provisions,” the government said.
The government’s affidavit was in response to a petition arguing that since the Supreme Court had invalidated the practice of ‘triple talaq’ there is no need to criminalise the same.
The original affidavit was filed earlier this month by the Samastha Kerala Jamiathul Ulema, which describes itself as “an association of eminent Sunni scholars”. Among other points, the petitioner called the Muslim Women (Protection of Rights on Marriage) Act, 2019, is unconstitutional.
The petitioners argued that the Act violates fundamental rights, including those that guarantee Indian citizens equality before law and prohibits discrimination on grounds of religion.
In a detailed response made public this morning the government firmly dismissed the petitioners’ claims, arguing that the practice of ‘triple talaq’ “violates fundamental rights and rights of equality guaranteed to women under the Constitution”.
“The Parliament, in its wisdom, enacted the impugned Act to protect rights of married Muslim women being divorced by ‘triple talaq’, and the law in question helps ensuring the larger constitutional goals of gender justice and equality of married Muslim women, the affidavit added.
The government also pointed out the Supreme Court itself has held in the past that it cannot go into the wisdom of laws passed by Parliament or enter into discussions as to what the law should be.
“It is the function of the legislature alone to determine what is and what is not good and proper for the people of the land and they must be given widest latitude to exercise their functions within the limit of their powers else all progress is barred…” the government argued.
“Whether or not a particular type of conduct ought to be criminalised, and what punishment is to be imposed for such conduct is to be determined by the legislature in light of prevailing social circumstances…”
Indian mission advises use of eCARe facility for transporting mortal remains ULFA-I’s bomb scare a failure of government, says Assam Oppn leader
Guwahati, Aug 19 (IANS) Lurinjyoti Gogoi, leader of Assam Jatiya Parishad (AJP) has launched a sharp attack on the police and administration on ULFA-I’s bomb scare on Independence Day, claiming that the entire government intelligence has failed to counter the militant outfit.
Gogoi told IANS on Monday: “Chief Minister Himanta Biswa Sarma has been repeatedly claiming that he has made Assam insurgency-free, but on Independence Day, ULFA-I planted explosives at as many as 25 locations across the state. This is an utter failure of the government’s intelligence wing as well as police.”
He has also claimed that Sarma has been telling lies to the people of Assam and he should immediately resign from the post of Chief Minister, taking responsibility for the entire incident.
The Opposition leader also alleged that the Chief Minister has failed to bring ULFA-I’s commander-in-chief Paresh Baruah to the table for talks.
“After taking charge as Chief Minister of Assam, Sarma has been constantly asserting that he would bring Baruah to the table for talks. But three years have passed and the BJP leader has failed to do that. Thus, I urge the Central government to take initiatives for a peace agreement with ULFA-I,” Gogoi said.
ULFA-I, in a statement on I-Day, had claimed that they had planted bombs at 25 locations in Assam and these were supposed to be exploded between 6 a.m. and 12 p.m. on the Independence Day. However, due to some technical snag, the plan failed and the bombs did not explode.
The Assam Police later jumped into action and rescued explosives from some locations including Guwahati. An SIT has been formed by the police to look into the whole incident.
Meanwhile, following the incident, CM Sarma said that Paresh Baruah should refrain from creating any environment which might affect investors coming to Assam.
“The state has recently seen progress and development after many decades. If the ULFA-I tries to destabilise peace in the state, it will adversely impact the youths of Assam,” he said adding that before inciting violence, Baruah must always think about the 14 lakh unemployed youths of Assam.
IANS
