Government of India had opposed “Instant” types of Triple Talaq leading to the Supreme Court passing judgement banning this practice and making it punishable by law. Parliament is in the midst of amending the law to make it illegal.
The Supreme Court will hear the continuation of that case which also sought banning of both “Nikah Halala” and polygamy. Nikah Halala, which is less widely known of, is when a man marries a woman and later gives her talaq, he cannot re-marry her unless she is married to someone else. Petitioners feel this practice has led to lots of abuse and injustice against the affected women.
The Indian government’s stand per court affidavit is that “large Muslim population where Islam is the state religion have undertaken reforms in this area and have regulated divorce law and polygamy”. Same is the case for Nikah Halala. The government stand is that issues of instant triple talaq, Nikah Halala and polygamy have to be viewed from “principles of gender justice, principle of non-discrimination, dignity and equality”.
WE WHOLEHEARTEDLY AGREE WITH GOVERNMENT OF INDIA’S LEGAL POSITIONS ON THESE MATTERS AT THE SUPREME COURT…
- 2 Jul 2018
Reading news reports and statements in and by the media, public at large, NGO, activists and the world media – it looks like the accused, entire villages, the entire Hindu community of Jammu the J&K Bar Council, the BJP party members are ALL GUILTY AND IT IS A MATTER OF ONLY A FAIR AND QUICK TRIAL TO PROSECUTE THE GUILTY.
The most recent is the Supreme Court’s comment which said, “IF IT FINDS THE SLIGHTEST POSSIBILITY OF LACK OF FAIR TRIAL, IT WILL TRANSFER THE CASE OUT OF KATHUA”. The villagers and the entire area is under the J&K government which is totally against Jammu and this incident is causing them to create more harassment for the community. The community is asking for CBI to handle the investigation – so what is wrong? Why is the state government and even Supreme Court not allowing it. The investigation has to precede the trial and the ACCUSED ARE SAYING IT HAS BEEN AN UNFAIR PROCESS with the local police and government having framed incorrect charges? There are reports of numerous inconsistencies in the charge sheet. COULD THE SUPREME COURT HAVE SAID THE SAME THING ABOUT THE FAIRNESS OF THE INVESTIGATION?
Further, if the trial is not fair it can always be retried. What is the hurry to finish this is a short time like 90 days? What happened to other major calamities like Sikh riots, ethnic cleansing of pandits from Kashmir and on and on?
Let us not forget the Jammu region is already treated badly and this just added to it.
Source: DNA India
- 27 Apr 2018
India amended the Hindu succession act in September 2005 which resulted in daughters getting equal share and rights to inherited & ancestral property. However, this amendment only applied to daughters born after this date – quite odd right?
There was much confusion as multiple state and lower courts interpreted this amendment differently – some made it applicable to all daughters and others to only those born after this amendment.
In a sensible move, regardless of the true intent of this 2005 amendment which is law, the Supreme Court has clarified and EXPANDED THIS LAW SUCH THAT ALL LIVING & DECEASED DAUGHTERS REGARDLESS OF WHEN THEY WERE BORN, ARE ENTITLED TO EQUAL PROPERTY RIGHTS WITH SONS.
Source: Daily Pioneer
- 7 Feb 2018
But… we still have many problems and societal issues: poverty and illiteracy; schools and/or teachers who don’t teach; bad living and working conditions; terrorism; NGOs with foreign money trying to destroy the country; corruption; many places government does not work; unnecessary protests by students and political parties with no concrete or practical suggestions; rapes; other crimes; too many illegals; lack of safety; people selling blood, kidneys or children for money; a large population; some who do anything to beat up the country but don’t contribute; a legal system that is too slow; some may say a Supreme Court that feels totally unaccountable; and many more.
Instead let us ask ourselves: WHAT IS THE ONE THING I (EACH PERSON) WILL DO TO MAKE INDIA A BETTER PLACE IN THE COMING YEAR?
PARTICIPATE IN OUR REPUBLIC DAY FACEBOOK CONTEST & SUBMIT YOUR ENTRY FOR OTHER TO SEE, AND A CHANCE TO WIN A PRIZE.
- 25 Jan 2018
Delhi is off and on covered with a toxic smog, some say pollution level are among the worst in over 30 years, with levels many times higher than what is safe.
So what are the causes:
a) road and building construction (this will get completed),
b) vehicle and factory emission (will only get worse) with population and industrial activity,
c) burning of crop residue by farmers in neighboring states, done yearly to clear the fields before sowing season (this is at specific times in a year).
DIWALI FIRECRACKERS ARE NOT AMONG THE TOP CAUSES. Yes – things are really bad with no easy solutions. Hope the Supreme Court will not jump in with some adhoc or controversial judgment, and instead let government and experts find proper solutions?
- 11 Nov 2017
After Supreme Court ban of selling firecrackers in Diwali, a big shock and a redo from last year, no secular opposition politician – Rahul Gandhi, Sonia Gandhi, Arvind Kejriwal, Mamta Bannerjee, other leaders, chief ministers – BSP, Samajwadi Party, etc. etc. – no one has said anything. Why this loud silence? The media (english media) is also mostly quiet or supportive of banning Diwali fireworks…
Source: Daily Pioneer
- 19 Oct 2017
We all can agree that Rape is “sort” of well known. Now our Supreme Court defines it more clearly. Any sex between a man over the age of 18 and a woman (really a girl) below 18 is Rape. Why? Because “a girl under the age of 18 years is a child and hence, does not have the capacities — physical, emotional or mental — to take an informed decision about engaging in sexual intercourse.”
Till now there was an exception to this if an underage girl is married to a man over the age of 18. This did not make sense as lot of times girls are allegedly forced into marriage due to various pressures.
With this new SC ruling, it makes it 100% clear that ANY SEX BETWEEN A MALE OVER THE AGE OF 18 WHETHER MARRIED TO OR NOT, EVEN IF CONSENSUAL, TO A GIRL BELOW 18 IS RAPE. REALLY SIMPLE AND MAKES GOOD SENSE.
According to one study, India has a few million girls under the age of 18 who are married. Did they all marry by their own choice or due to pressure or other force? More likely it is pressures & force. This judgment may help future victims. Sadly, it could some communities more than others.
- 13 Oct 2017
For pollution control reasons, sale on firecrackers for Diwali was banned. Then in September this ban was relaxed, but now the ban went into effect again. Doing so deeply hurts religious sentiments of the Hindu, Sikh and Jain community who look forward to it and celebrate in a big way. Burning firecrackers has religious significance. Being a deeply sensitive topic, it would be hard to even enforce it.
The Supreme Court’s job (as it is world over) is to NOT to make laws but interpret. Here they want to be like the government (even if unelected) to make the laws? The same is the issue with the Rohingya refugee issue where they want to act like the government? There seems to be no self-check or control on what areas they jump into?
INSTEAD OF THIS FIRECRACKER BAN, COULD THEY HAVE ASKED ALL DELHI MOTORISTS TO STOP DRIVING FOR ONE DAY AND INSTEAD TAKE PUBLIC TRANSPORT?
Would they ever to infringe on sensitive matters of other religions?
- 11 Oct 2017
Due to the public interest litigation (or PIL), the Supreme Court hears and gets involved with so many issues even though it has an overflowing case load. In this case, these Rohingya Muslim, who claim to be stateless are originally from the Bangladesh-Burma border. So with Burma and Bangladesh as neighbors, why are we in India (a 3rd country) have to host them and let them stay. It is alleged that several among them engaged in violence. With 30%+ population in poverty, and with so many issues we are faced with, do we need to absorb and give shelter to another 40,000 Muslim refugees today and possibly lakhs in the future who could be sympathizers of terrorism. The answer ought to be Absolutely Not!
Source: Times of India
- 2 Oct 2017
Many brave women and men among the Muslim community and the public at large have fought to ban Triple Talaq. After decades of fighting, and with strong and unequivocal support of the current NDA government, the Supreme Court has banned the Triple Talaq practice and termed it as unconstitutional – and brought great relief to Muslim women. With so many former secular parties and governments even unwilling to discuss this issue, getting social justice within the Muslim community was hard especially due to the stiff resistance by the AIMPLB – the orthodox All India Muslim Personal Law Board. Most current politicians of the Congress Party, Samajwadi, CPM, CPI, JD(U), JD(S), Trinamool Congress, and on and on only wished to support the orthodoxy, even though the practice is banned in 20+ countries. Polygamy in the Muslim community is already being challenged, and some say a favorable judgement could be next with no prediction on timing. With these landmark development, India should move to a Uniform Civil Code that most countries have.
Source: Daily Pioneer
- 23 Aug 2017
In a major development, the Supreme Court has appointed a retired Supreme Court judge and asked the NIA – National Investigation Agency to probe a handful of Love-Jihad cases. Love-jihad is where Muslim men pursue Hindu, Sikh or Christian women and then convert them into Muslims and then marry them. This is allegedly a soft way to islamize more people. In light of alleged forcible conversion of a Hindu woman, and also after hearing of several other cases in Kerala, the Supreme Court took a big step in probing these alleged cases. Some say that Love-Jihad is a major social issue in several other states, cities and countries. While all are entitled to pursue personal freedoms, forced and induced religions conversions or ‘Love Jihad” to increase the Muslim population are not legally or morally acceptable.
Source: Daily Pioneer
- 17 Aug 2017
The UP Shia board, who own the Shia waqf or property in a major development said that they were willing to relocate the masjid to a shia-muslim dominated area. The exact words that were spoken to the Supreme Court were, “WE WOULD SETTLE FOR A MASJID LOCATED IN A MUSLIM-DOMINATED AREA AT A REASONABLE DISTANCE FROM THE MOST REVERED PLACE OF BIRTH OF MARYADA PURUSHOTTAM SRI RAM“. This could be the key step to reach a happy settlement and prevent/limit the avoidance of future conflict.
Source: The Hindu
- 15 Aug 2017
Right to privacy is real sensitive issue with so much stuff and interaction on the internet, and most organizations asking for individuals personal information. The key question is, “If give personal information like names, parents’ name, passport number, Aadhar card, drivers license, etc. are given for a particular purpose, then is there a reasonable expectation that such personal information will be used only for that purpose or not. Will organizations use that to do marketing, will they sell it, are they legally required to protect the information so the individual faces no harm?” As the common man, each of us should ask yourself – this is the minimum expectation. As has happened in other countries, our Supreme Court is dealing with this sensitive question.
- 2 Aug 2017
The great Lord Pamanaswamy Temple, is one of India greatest treasures for both the temple, the sacredness and how its property and assets has been preserved and protected for centuries by members of the former royal family of Travancore. The members and the temple priests consider themselves only as servants of the Diety and Temple. Due to a PIL (public interest litigation), the Supreme Court got involved. As some would say, with little regard for centuries old customs, the Supreme Court seeks to get each of the six or more treasure vaults opened, the contents counted and displayed in a museum. Well, understand the idea BUT THIS IS A TEMPLE NOT A MUSEUM. Lakhs and Crores of devotees over time have never asked for it. So what authority does our Supreme Court now have to want to get this done? What about our sentiments and sacredness? The Priests and former Royal Family and many many devotees are dead again this.
Source: Daily Pioneer
- 13 Jul 2017
Shri Ram Nath Kovil’s nomination to be the next president has been well received from many quarters. While a Dalit, he is highly educated, a Supreme Court lawyer who has a lifetime of social service. Our Indian Opposition parties were hoping to put up a fight with a common candidate but Shri Kovil selection by the ruling NDA has shattered any chance of opposition unity. In a positive way, most opposition parties have praised or endorsed Shri Kovil, and this leaves a few political parties which are become smaller and less insignificant such as the Indian National Congress, CPI and few others.
- 22 Jun 2017