Source:
The Hindu
1. Beyond Talaq:
India needs a non-sectarian, gender-neutral law that addresses desertion of spouses.
The bill was passed by Lok Sabha on [latex]{25}^{th}[/latex] July 2019 and then by Rajya Sabha on [latex]{30}^{th}[/latex] July 2019. This Bill making instant triple talaq (talaq-e-biddat) a criminal offence, amidst persistent doubts whether it ought to be treated as a crime or just a civil case. It is true that the Muslim Women (Protection of Rights on Marriage) Bill, 2019, is a diluted version of the Bill as it was originally conceived.
Do You Know about Some Provisions:
- All declarations of instant triple talaq, including in written or electronic form, will be void (i.e. not enforceable in law) and illegal.
- Instant triple talaq remains a cognizable offence with a maximum of three years imprisonment and a fine. The amount of any fine is at the discretion of the magistrate hearing the case.
- The offence will be cognizable only if information relating to the offence is given by the wife or one of her blood relatives.
- The offence is non-bailable. However, there is a provision that the magistrate hearing the case may grant bail to the accused. The bail may be granted only after hearing the wife and if the magistrate is satisfied that there exist reasonable grounds for granting bail.
- The wife is entitled to a subsistence allowance. The amount is to be decided by the magistrate.
- The wife is entitled to seek custody of her minor children from the marriage. The manner of custody will be determined by the magistrate.
- The offence may be compounded (i.e. legal proceedings halted) by the magistrate upon the request of the woman against whom talaq has been declared.
Background:
The government says its main objective is to give effect to the Supreme Court’s 2017 verdict declaring instant triple talaq illegal.
- In August 2017 the Supreme Court of India declared the triple talaq, which enables Muslim men, but not women, to instantly divorce their wives, to be unconstitutional. The then Chief Justice of India, Jagdish Singh Khehar, asked Parliament to pass legislation governing marriage and divorce in the Muslim community.
- On [latex]{28}^{th}[/latex] December 2017, citing this Supreme Court order and multiple cases of instant triple talaq in India, the Modi Government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill proposed to make instant triple talaq in any form — spoken, in writing or by electronic means - illegal and void. Punishment for breach of the law was to include up to three years in jail for the husband. This bill was passed by the Lok Sabha, the lower house of the Parliament of India on the same day, but was stalled by the opposition parties in the Rajya Sabha, the upper house.
2017 -
- The BJP Government formulated the bill after 100 cases of instant triple talaq in India since the Supreme Court judgement in August 2017. On [latex]{28}^{th}[/latex] December 2017, Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill makes instant triple talaq (talaq-e-biddat) in any form — spoken, in writing or by electronic means such as email, SMS and instant messengers illegal and void, with up to three years in jail for the husband.
- MPs from CPI(M), RJD, AIMIM, BJD, AIADMK and IUML opposed the Bill, calling it arbitrary in nature and a faulty proposal,
while Congress supported the Bill tabled in Lok Sabha by law minister Ravi Shankar Prasad. 19 amendments were moved in Lok Sabha but all were rejected.
2018 -
- The Muslim Women (Protection of Rights on Marriage) Bill (2018) was a bill proposed to the Parliament of India. It was intended to protect the marriage rights of Muslim women in India by banning the triple talaq, which enables Muslim men, but not women, to instantly divorce their wives. The bill was passed in 2018 and 2019 by the Lok Sabha but lapsed after not being passed by the Rajya Sabha.
- On [latex]{19}^{th}[/latex] September 2018 , noting that the practice of instant triple talaq had continued unabated despite the Supreme Court's order, the government issued the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, to make the practice illegal and void.
- An ordinance introduced into the Indian parliament lapses if either the Parliament does not approve it within six weeks of reassembly, or if disapproving resolutions are passed by both houses. Hence, a new bill named The Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced in the Lok Sabha by Law Minister Ravi Shankar Prasad.
2. PRAGATI:
The Prime Minister
Narendra Modi chaired his 30th interaction through
PRAGATI. This was also the first PRAGATI meeting in the new term of the Union Government.
- It was launched in 2015.
- The 29 PRAGATI meetings in the previous term, saw a cumulative review of 257 projects and 47 programmes/schemes. Resolution of Public Grievances was also reviewed across 17 sectors (21 subjects).
PRAGATI - Pro-Active Governance and Timely Implementation.
- It is a multi-purpose and interactive ICT platform with the objective of initiating a culture of Pro-Active Governance and Timely Implementation by -Addressing common man’s grievances, and Monitoring important programs of Union and State Governments.
- It has been designed in-house by the PMO team with the help of National Informatics Center (NIC).
- It is a three-tier system (involving PMO, Union Government Secretaries, and Chief Secretaries of the States).
- PM will hold a monthly interaction with the Government of India Secretaries and Chief Secretaries through Video-conferencing enabled by data and geo-informatics visuals.
- Issues to be raised before the PM are picked up from the available database regarding Public Grievances, on-going Programs and pending Projects.
3. Singapore Convention On Mediation:
The Union Cabinet chaired by Prime Minister
Narendra Modi has approved the signing of the United Nations Convention on International Settlement Agreements resulting from mediation by India.
- The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation ("the Convention") in December 2018.
- The General Assembly authorized that the Convention will open for signature at a signing ceremony to be held on [latex]{7}^{th}[/latex] August 2019 in Singapore and will be known as the "Singapore Convention on Mediation".
Salient Features of Singapore Convention on Mediation:
- The Convention provides a uniform framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements.
- The Convention defines two additional grounds upon which a court may, on its own motion, refuse to grant relief. Those grounds relate to the fact that a dispute would not be capable of settlement by mediation or would be contrary to public policy.
- Signing of the Convention by India will boost the confidence of the investors and shall provide a positive signal to foreign investors about India's commitment to adhere to international practice on Alternative Dispute Resolution (ADR).
Some Initiatives to promote ADR Mechanisms:
- In order to encourage international commercial arbitration in India, to evolve a comprehensive ecosystem of arbitration the Government is establishing the New Delhi International Arbitration Centre (NDIAC) as a statutory body.
- The Commercial Courts Act, 2015, has been further amended and legislative exercise to further amend the Arbitration and Conciliation Act, 1996, is currently underway. Therefore, the provisions of the 'Convention' are in line with the domestic laws and the efforts made to strengthen Alternative Dispute Resolution Mechanisms.
4. ISRO Technical Liaison Unit:
The Union Cabinet chaired by
Prime Minister Narendra Modi has approved the setting up of ISRO Technical Liaison Unit (ITLU) at Moscow, Russia.
- The ISRO Technical Liaison Unit (ITLU) at Moscow will enable effective technical coordination for timely interventions on diversified matters with Russia and neighbouring countries for realization of the programmatic targets of ISRO.
- The process is planned to be completed within six months from the date of approval.
- An average annual expenditure of about Rs. 1.50 crore per annum is anticipated to be incurred at ITLU in Moscow, Russia towards salary, office expenses, rent, taxes etc.
Background:
- Department of Space has instituted technical Liaison Units, namely ISRO Technical Liaison Units (ITLU) at Washington, USA and Paris, France with the prime objective to liaise with various Government and space agencies in USA and Europe, respectively.
- The Liaison Officers provides technical information about the developments in research and technology and inputs arising from their meetings with researchers, government agencies and industries in the respective countries.
- They also support the ongoing bilateral programmes of cooperation in space technology and act on behalf of ISRO on the matters referred.
Implementation Strategy: The ITLU Moscow office would be managed by an ISRO Scientist/Engineer designated as “Counsellor (Space)” on deputation, deputed from ISRO and supported by staff locally sourced.
Benefits:
- ISRO will be able to collaborate with Space agencies/industries in Russia and neighbouring countries for mutually synergetic outcomes.
- ISRO’s Gaganyaan programme requires development of some of the key technologies and establishment of specialized facilities, which are essential to support life in space.
- Keeping in view the [latex]{15}^{th}[/latex] August, 2022 timeline for realization of the Gaganyaan human space programme, it is prudent to avail technical cooperation from International space agencies, who have already demonstrated their technical capabilities in specific areas. Russia, being one of the space faring nations, it is envisaged to collaborate with Russia extensively in various fields of relevance.
Author:
Dheeraj Sharma