Modi government approves ordinance on triple talaq
New Delhi, Sep 19: Ahead of Assembly elections in five states, the Union Cabinet on Wednesday approved an ordinance making triple talaq a criminal offence, with the government stating that there was a "compelling necessity" and "overpowering urgency" to do so.
The ordinance, which will be sent to the President for approval, comes against the backdrop of the government's inability to get a bill on the issue passed in the last monsoon session of Parliament.
The government then brought some changes in the original bill providing for only the women or their blood relations to file complaints against the erring husbands in a bid to get support from the Congress and other parties in the Rajya Sabha but did not succeeded in passing it.
Briefing reporters after a meeting of the union cabinet on why it was resorting to an ordinance, Law Minister Ravi Shankar Prasad said that instances of instant triple talaq have "continued unabated" in spite of the Supreme Court declaring it unconstitutional and Lok Sabha passing a bill that is now pending in the Rajya Sabha.
He attacked the Congress and said it had not supported the bill in the Rajya Sabha due to "vote bank politics".
Prasad said the issue pertained to respect for women and not to religion or path of worship.
"The issue of triple talaq has nothing to do with faith, mode of worship. It is pure issue of gender justice and gender equality."
He said triple talaq was still being given on flimsy grounds such as chapati getting burnt and wife waking up late. There were instances of the instant divorce having being given on social media platform WhatsApp, he said.
"Women are being oppressed, they are suffering. Most instances are taking place in Uttar Pradesh," he said.
Giving out figures of triple talaq cases between January 2017 and September 2018 from several states that totalled 430 including 229 before the Supreme Court judgement and 201 later, he said there could be many other unreported cases.
"The bottomline is that cases of triple talaq continue unabated. Whatever we have collected is shocking," he said.
Prasad said several Islamic countries have banned instant triple talaq but it still prevailed in a secular country like India.
He said the offence will become cognizable (with provision of three years imprisonment) if the FIR is filed by the woman or by her blood relations. A compromise can be reached at the initiative of woman and with appropriate conditions imposed by the magistrate concerned.
Prasad also said that bail can be given by the magistrate after hearing the woman who has filed the case. The custody of minor children will go to the mother and she will be entitled to maintenance for herself and her minor children.
He said the purpose was not to break families and a compromise will have the court's seal.
Prasad appealed to UPA chairperson Sonia Gandhi to support the efforts for giving justice to women by rising above the considerations of "vote bank politics."
He made a similar appeal to BSP chief Mayawati and West Bengal Chief Minister Mamata Banerjee. "Support it by rising above politics," he said.
Prasad said the Congress supported the bill in the Lok Sabha but not in the Rajya Sabha.
"Let them publicly say when the session commences we will support it. We would appreciate their support in the House, not before TV channels," he said.
He said the government tried to take the Congress along. Parliamentary Affairs Minister Ananth Kumar had, on the directions of Prime Minister Narendra Modi, met Congress leaders to seek their support for the passage of the bill in the Rajya Sabha.
Asked if steps will be taken for empowerment of Muslim women, including BJP giving ticket during elections, Prasad said the issue should not be reduced to political empowerment: "We are consciously keeping this bill away from political divide. It is for gender justice."
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“Full prepared..going to win,” Congress MP KC Venugopal ahead of Kerala polls
EC not functioning as a neutral institution: Venugopal
Congress MP K. C. Venugopal on Monday raised concerns over the election schedule announced by the Election Commission of India for the upcoming Kerala Assembly election, questioning the timing of the poll dates and alleging that the schedule leaves limited time for campaigning.
Speaking to news agency ANI in Delhi after the poll panel announced elections in five states and Union Territories, Venugopal said that the Congress and the United Democratic Front (UDF) are fully prepared for the elections and confident of victory. At the same time, he questioned the pattern of dates announced by the Election Commission.
“We are fully prepared, we are going to win the elections... You can see how the Election Commission has set the dates. The first phase of elections is on the 9th, nominations are due until the 23rd, scrutiny is on the 24th, nominations can be withdrawn until the 26th, and after that, there are 11 days for campaigning,” he said.
“As for Kerala, there is Easter and Good Friday in the first week...The Election Commission could have announced the dates earlier... The counting date is on May 4th, so what was the point of holding elections in Kerala so early? What is their intention behind holding elections on the same day in Kerala, Puducherry, and Assam?... We are confident that we will win, but the people of the country are seeing the biased attitude of the Election Commission...,” he added.
He further stated that his party was ready for elections irrespective of the dates announced by the poll body.
“We are going to win the election. India's strategy has been set up. And we are all ready for winning this election. But one thing as far as declaring election, even though they are giving only for five days, we are going to win the election. We have no problem,” he said.
Detailing the poll schedule while questioning the time available for campaigning, he stated, “but you can see the pattern of date which the election commission announced. Yesterday they declared election, and today they notified us. The first phase of election on April 9th, filing of nomination will be over on the 23rd of this month, 24th scrutiny, 26th withdrawal of nomination. After 26, four plus seven, 11 days campaign.”
“As far as Kerala is concerned, April first week is a holy week. The holiday week means, Good Friday is there. Nobody will do anything on Good Friday. Easter is the big festival. These festivals are natural, you have to see that. Among the 11 days, working days, two, three days will go for holidays. Then hardly seven, eight days for campaigning in this election for candidates,” the Congress MP questioned.
The Congress leader said the Election Commission could have announced the dates earlier if there was a need for an early election schedule.
Questioning the urgency behind placing Kerala in the first phase of polling, he added that the counting date is much later.
“Which is the date of counting? Fourth May. Then what is the urgency of putting Kerala in the first phase without giving sufficient time for candidates? And putting Kerala, Puducherry, Assam together, what is the intention behind that?” Venugopal questioned.
He also alleged that the Election Commission was not functioning as a neutral institution.
“The Election commission is completely losing that capacity as a neutral player. You can see 14 of our prime minister's programs over and on the 15th they announce the election, 16th notification comes,” he said.
Venugopal further stated that such tactics would not affect the Congress’ prospects in the election.
“They think that this type of techniques and tactics, because of these techniques and tactics, UDF is going to lose, and Congress is going to lose. This is their complete dream only. This is not going to happen. We are very much confident at any cost, whether they are not giving any time also, we are going to win the election,” he said.
“But the people of India are watching this. The tricks of the election commission. To restrict the campaign, people of India are watching. This I want to bring into the notice of the nation. That's all,” Venugopal said.
The Election Commission of India on Sunday announced the schedule for the Kerala Assembly election. Polling in the state will be held in a single phase on April 9 while the counting of votes is scheduled to take place on May 4.
