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Is NDA in chaos on personal law?

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New Delhi, 18 May: The centre seems running on two tracks by questioning the constitutional validity of triple talaq. As the recent views of union government are an irony of what it said earlier.

In 2001, the then NDA government had claimed that personal law could be a legitimate basis for discrimination, counsel for All India Muslim Personal Board Kapil Sibal told the Supreme Court on Wednesday.

While debating, Sibal said that personal law practice like triple talaq could not be termed either right or wrong as it is a matter of faith and hence fell outside the purview of the test of constitutional morality. But attorney general Mukul Rohatgi said since the board claims it to be part of personal law, it must meet gender justice, equality and women’s dignity as mandated in the Constitution.

Sibal asserted that after the apex court in the Shah Bano case ruled that a divorced Muslim woman was entitled to maintenance under Section 125 of CrPC beyond the ‘iddat’ period if she had not remarried and was unable to maintain herself, Parliament had enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986 to step around the ruling in 1985.

This law was challenged by Danial Latifi and the SC judgment in this case in 2001 recorded the then NDA government’s submissions through its solicitor general, who had defended the validity of the Act saying, “Personal law is a legitimate basis for discrimination, if at all, and, therefore, does not offend Article 14 of the Constitution.”

Sibal said that “The governments have changed and the law officers have changed. And, there is a change of stand now. Then they had argued what AIMPLB argues today that perceived discrimination in personal law practices could not be termed to be violative of Article 14. But the NDA government now argues that triple talaq, a personal law practice, must be struck down because it is discriminatory.”

Sibal did not mention that matters of a community’s faith, depending on the exigencies of a situation, had always been a matter of convenience for any government, be it NDA or UPA.

He also gave another example of September 2007 when the UPA government had filed an affidavit in the SC in the case relating to dredging of Rama Sethu in Palk Strait, which was challenged by petitioners, including Subramanian Swamy, arguing that the Sethu is a place of worship and matter of faith for Hindus.

 Wefornews Bureau

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Sukma: CRPF personnel killed in Naxal encounter

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Sukma, April 21: A Central Reserve Police Force (CRPF) personnel lost his life in an encounter with Naxals near Kistaram camp in insurgency-hit Sukma district of Chhattisgarh on late Friday.

The gunfight erupted when troops of 212 battalion of CRPF, 208 CoBRA, along with Chhattisgarh police were carrying out a cordon and search operation last night.

The deceased was a native of Madhya Pradesh.

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Raipur: 7-year-old sexually assaulted in school

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Chhattisgarh, April 21: In yet another case of crime against minors, a seven-year-old girl was allegedly sexually assaulted at Raipur School.

Speaking to ANI, Victim’s father said “It was her first day to the school on Wednesday. She went to the school and we wanted to meet her at the school, but we weren’t allowed to do so. While changing her clothes after she returned from school, my wife noticed blood on her private parts and she was not wearing undergarments.”

On being asked if she had reported about the incident to the teacher, the minor replied that the teacher was absent on the second day of her school.

Meanwhile, the police said that they were investigating the matter and were examining CCTV footages of the school. An FIR was lodged for the same.

The president of Child Right Commission, Prabha Dubey, said “I have spoken to the girl personally. She is saying that a ‘bhaiya’ had allegedly molested her. We asked the peon of the school about the undergarment, to which she replied that she had thrown away the undergarment since the girl had urinated on it. I will constitute a team to investigate the matter.”

In the wake of recent Unnao, Surat Kathua rape cases, Indian social media has been abuzz with the words – “rape horror”.

Massive countrywide protests are being held demanding death penalty for those accused of raping minors.

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Accused in fake facebook post on Manohar Parrikar’s health, gets bail

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Manohar Parrikar
Chief Minister Manohar Parrikar (File Photo)

Panaji, April 20: A city Judicial Magistrate First Class(JMFC) court on Friday granted bail to Kenneth Silveira, who was arrested by Crime Branch of Goa for posting fake information about Chief Minister Manohar Parrikar’s “death” on Facebook.

He was released on a personal bond of ₹10,000, reported The Hindu.

In a related development, members of civil society staged a protest outside the Goa Police headquarters here on Friday morning condemning the arrest.

Kenneth, 35, was arrested by the Crime Branch on Wednesday, a day after he put up the post on social media, on a complaint by a BJP office-bearer.

Parrikar is undergoing treatment for advanced pancreatic cancer in the US.

On Friday, a few dozen protesters rallied at the police headquarters and accused police of trying to “muzzle” free speech.

The Opposition has also criticised the police for the arrest of Silveira, who contested the 2017 by-poll in Panaji but lost to Parrikar.

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