Second Appeal Not To Be Dismissed Merely On The Ground Of ‘Concurrent Findings’: SC

It would be imperative to mention right at the outset that the Supreme Court has just recently on August 14, 2019 in State of Rajasthan & Ors. Vs Shiv Dayal & Anr. in Civil Appeal No. 7363 of 2000 With Civil Appeal No. 7364 of 2000 And Civil Appeal No. 7365 of 2000 has laid down in no uncertain terms that a High Court cannot dismiss a second appeal merely on the ground that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), and thus such finding becomes unassailable. It must be pointed out that in this case, the Rajasthan High Court Bench at Jaipur dismissed a second appeal filed by the State on the ground that since two Courts have decreed the suit, resulting in passing of the decree against the State, there arises no substantial question of law in the appeals. But the Supreme Court differed with this approach!
                                To start with, this latest, landmark and laudable judgment authored by Justice Abhay Manohar Sapre for himself and Justice R Subhash Reddy sets the ball rolling by first and foremost pointing out in para 1 wherein it is pointed out that, “These appeals are directed against the final judgment and order dated 23.03.1999 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Civil Second Appeal Nos. 83, 84 and 85 of 1999 whereby the High Court dismissed the second appeals filed by the appellants herein.”
                               Briefly stated, para 2 then points out that, “A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.” Para 3 then discloses that, “The appellants are the defendants and respondent No. 1 is the plaintiff in the civil suit out of which these appeals arise.” Para 4 further discloses that, “The appellant No. 1 is the State of Rajasthan and respondent No. 1 claims to be the mining lessee in relation to the suit land under the Mines and Minerals (Development & Regulation) Act (hereinafter referred to as “MMRD Act”).”
                                      Truth be told, it is then unravelled in para 5 that, “The respondent No. 1 filed a civil suit against the appellant – State and its authorities and claimed therein a relief of grant of permanent injunction restraining the State and its authorities from interfering in carrying out the mining operations on the suit land by respondent No. 1.” Para 6 then further elaborates saying that, “Respondent No. 1 claimed this relief inter alia on the averments that the suit land was not the part of any protected Forest area as claimed by the State authorities but it was a part of the Revenue area. It was averred that since the suit land did not fall in the protected forest area, the respondent No. 1 (plaintiff) had a right to carry out mining operation on the suit land without any interference of the State and its authorities.”  
                                  Be it noted, para 7 then clearly states that, “The State contested the suit by denying the averments made in the plaint. The Trial Court frmaed issues. Parties led their evidence. By Judgment and decree dated 10.05.1998, the Trial Court decreed in favour of the plaintiff in the suit and granted an injunction against the State and its authorities in relation to the suit land, as prayed in the plaint.”
                             As a consequence, we then find palpably what is stated in para 8 that, “The State felt aggrieved and filed first appeal before the District Judge. By Judgment dated 03.09.1998, the first Appellate Court dismissed the appeal and affirmed the judgment/decree of the Trial Court giving rise to filing of the second appeals by the State in the High Court.”     
                                   What follows next is elaborated in para 9 which reveals that, “By impugned order, the High Court dismissed the second appeals holding that the appeals did not involve any substantial question of law. It is against this order, the State felt aggrieved and has filed the present appeals by way of special leave before this Court.”
                         Shortly put, it is then asked in para 10 that, “So, the short question, which arises for consideration in these appeals, is whether the High Court was justified in dismissing the State’s second appeals on the ground that these appeals did not involve any substantial question of law.”
                            Do note, para 12 then illustrates stating that, “Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the second appeals afresh on merits in accordance with law.”   
                      While elaborating further, it is then observed in para 13 that, “In our opinion, the need to remand the case to the High Court has arisen because we find that the second appeals did involve several substantial questions of law for being answered on merits in accordance with law. The High Court was, therefore, not right in so holding.”
                                 Going forward, it is then stipulated in para 14 that, “Indeed, we find that the High Court dismissed the second appeals essentially on the ground that since the two Courts have decreed the suit, no substantial question of law arises in the appeals. In other words, the High Court was mostly swayed away with the consideration that since two Courts have decreed the suit, resulting in passing of the decree against the State, there arises no substantial question of law in the appeals. It is clear from the last paragraph of the impugned order, which reads as under:
         “Under these circumstances, when both the Ld. Courts have arrived at the conclusion that the disputed area is outside the forest area. Therefore, the principles laid down in T.N. GODAWARAN vs. U.O.I. (above-quoted) cannot be enforced in this appeal.”
                                                 (Emphasis supplied).” 
                                       What’s more, it is then made amply clear in para 15 that, “We do not agree with the aforementioned reasoning and the conclusion arrived at by the High Court.” Also, the Apex Court then seeks to make it clear in para 16 that, “It is not the principle of law that where the High Court finds that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), such finding becomes unassailable in the second appeal.”
                                       Not stopping here, it is then further clarified in para 17 that, “True it is as has been laid down by this Court in several decisions that “concurrent finding of fact” is usually binding on the High Court while hearing the second appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code). However, this rule of law is subject to certain well known exceptions mentioned infra.”
                                       Needless to say, para 18 then holds that, “It is a trite law that in order to record any finding on the facts, the Trial Court is required to appreciate the entire evidence (oral and documentary) in the light of the pleadings of the parties.” In a similar vein, para 19 too holds that, “Similarly, it is also a trite law that the Appellate Court also has the jurisdiction to appreciate the evidence de novo while hearing the first appeal and either affirm the finding of the Trial Court or reverse it.”
                                 Moving on, para 20 then says, “If the Appellate Court affirms the finding, it is called “concurrent finding of fact” whereas if the finding is reversed, it is called “reversing finding”. These expressions are well known in the legal parlance.”
                                  It would be pertinent to mention here that the Apex Court then observes in para 21 that, “When any concurrent finding of fact is assailed in second appeal, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and lastly, the decision is one which no Judge acting judicially could reasonably have reached. (see observation made by learned Judge – Vivian Bose, J. – as his Lordship then was a Judge of the Nagpur High Court in Rajeshwar Vishwanath Mamidwar & Ors. vs. Dashrath Narayan Chilwelkar & Ors., AIR 1943 Nagpur 117 – Para 43).”
                                 Frankly speaking, it is then made clear in para 22 that, “In our opinion, if any one or more ground, as mentioned above, is made out in an appropriate case on the basis of the pleading and evidence, such ground will constitute substantial question of law within the meaning of Section 100 of the Code.”
                            To put things in perspective, it is then held in para 23 that, “Coming to the facts of the case, we are of the view that the following are the questions which do arise for consideration in the suit/appeal for proper adjudication of the rights of the parties to the suit and are in the nature of substantial questions within the meaning of Section 100 of the Code.”
                               To be sure, let us now discuss them turn by turn. To begin with, para 24 while laying the groundwork points out that, “First, whether the suit land was a part of a protected Forest area, i.e., Forest land and, if so, whether the parties satisfied all the statutory provisions of the Forest Laws enacted by the Center and the State?” Para 25 then further states that, “Second, whether the suit land was a part of a Revenue land and, if so, whether the parties to the suit satisfied all the statutory provisions of the State Revenue Laws.”
                                     Furthermore, para 26 then envisages that, “Third, whether a mining lease of the suit land could be granted by the State to the plaintiff for carrying out the mining operation in accordance with the provisions of the MMRD Act and, if so, whether it satisfied all the statutory provisions of the MMRD Act read with relevant Forest and Revenue Laws.” Para 27 then says that, “Fourth, whether a suit is hit by any provision of Forest Laws or MMRD Act or/and Revenue Laws expressly or by implication.”
                                            Now turning to the last question, it is then postulated in para 28 that, “Lastly, whether the plaintiff on facts/evidence has proved that the suit land is a part of Revenue land and, therefore, it does not fall in the protected forest area and, if so, whether any prima facie case, balance of convenience and irreparable loss is made out for grant of permanent injunction in plaintiff’s favour?”
                      To put it succinctly, it is then held by the Apex Court in para 29 that, “In our opinion, all the five questions enumerated above did arise in the suit. As a matter of fact, the suit could not have been tried properly without deciding these questions in the light of the pleadings, evidence and the applicable laws mentioned above.”
                                  Suffice it to say, it is then very rightly held in para 30 that, “In our view, the High Court, therefore should have admitted the second appeal by framing appropriate substantial question(s) of law arising in the case and answered them on their respective merits rather than to dismiss the appeals without considering any of the aforementioned questions.”
                                  As a corollary, it is then aptly said in para 31 that, “It is for this reason, we are of the view that the interference in the impugned order is called for to enable the High Court to decide the controversy in its proper perspective.”
                                       In a nutshell, it is then held in para 32 that, “In the light of the foregoing discussion, the appeals succeed and are accordingly allowed. The impugned order is set aside. The case is remanded to the High Court for deciding the second appeals afresh on merits after framing appropriate substantial questions of law(s) arising in the case.”
                                 Interestingly enough, it is then clarified in para 33 that, “Needless to say, the High Court will frame proper questions keeping in view the pleadings/evidence and the findings of two Courts in the context of relevant provisions of the specific Forest Acts (Centre and State), MMRD Act and State Revenue Laws.” It is also then clarified further in para 34 that, “We, however, make it clear that we have not expressed any opinion on the merits of the case having formed an opinion to remand the case to the High Court for deciding afresh.”
                                More significantly, the Apex Court then makes it clear in para 35 that, “It was, however, brought to our notice that during pendency of the appeals Shiv Dayal-plaintiff/respondent No. 1 in civil suit has expired. We, however, find that his wife – Smt. Kasturi Devi is already on record in two connected appeals/civil suits; Second, all the three suits/appeals, i.e., the one filed by Shiv Dayal and two filed by his wife Kasturi Devi were clubbed together for their analogues disposal; Third, when one legal representative of the deceased is already on record, the appeal would not abate; and lastly, when the remand of the case is directed, consequential steps to bring remaining legal representative of the deceased on record, if there are, can always be taken before the High Court in pending appeals. It is for these four reasons, we are of the view that the appeals filed against Shiv Dayal have not abated.”
                                         It cannot be lost on us that para 36 then makes it clear that, “The parties are, however, granted liberty to make necessary amendments in the cause title of the second appeals after remand of the case to the High Court by deleting the name of Shiv Dayal and substitute in his place the name of his wife-Kasturi Devi and his other legal representatives, if there are, before hearing of the second appeals.” Lastly, it is then held in para 37 that, “We request the High Court to expedite the hearing of the appeals preferably within 6 months.”
                           All said and done, this latest, landmark and laudable judgment leaves no one in doubt that second appeal is not to be dismissed merely on the ground of concurrent findings of two Courts (whether of dismissal or decreeing of the suit). All the courts must always keep this in mind while deciding on such cases! This would be certainly the right approach also! This would save them also from getting a rap on the knuckles by the top court!
                                  While disagreeing with the Rajasthan High Court Bench at Jaipur for dismissing the second appeal filed by the appellant on the ground of concurrent findings, the Apex Court set aside the Rajasthan High Court Jaipur Bench order and remanded the matter to consider it afresh. Very rightly so! There can be no denying it!      
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.  

Death of Netaji Subhas Chandra Bose

 One of the
greatest selfless leaders with vision during freedom movement was Netaji Subhas
Chandra Bose. It is believed that he died on 18 August 1945 (today’s date) after
his Japanese plane crashed in Japanese-occupied Formosa (now Taiwan). However,
many Indians refused to believe the circumstances of his death.
 Conspiracy theories appeared within hours of
his death and have persisted since then, keeping alive various myths. Whether
he died in plane crash or not but considering his date of birth, 23 January
1897 now his chance of survival is bleak.

Netaji Subhas with heart and soul was
Indian and he never tolerated any foreigner talking against Indians. In this
context an incident may be mentioned. He beat a British Professor E.F. Otten in
the Presidency College of Calcutta in 1916 for Prof Otten’s racist remark
against Indians and for this Subhas Chandra had to suffer also, however with
the intervention of Indian scholars and others, the matter was resolved. Subhas
Chandra was a brilliant student and his brilliancy may be assumed when he went
to England in 1919 to compete Indian Civil Service (as desired by his parents)
and subsequently in 1920, he came out fourth in order of merit with highest
mark in English but he was deeply disturbed by the Jallianwalla Bagh massacre
and left his Civil Service probation in midway and returned India. After
returning, Subhas Chandra joined Indian National Congress subsequently, he started
working under Deshbandhu Chittaranjan Das, whom he always respected as
political mentor. In those days Netaji and other youth leaders were in favour
of complete freedom but other  leaders
were in favour of
  “dominion status
for India within the British rule” and this difference sharply cropped up
in
  1928 Gauhati (now Guwahati) Session
of the Congress.

    While Subhas Chandra Bose was Congress President
many admired him for his vibrant role and that is why he was elected President
of Indian National Congress for two consecutive terms but had to resign in the
mid of second term due to ideological difference with Gandhiji as Mahatma
Gandhi’s preferred candidate Pattabhi Sitaramaiah was defeated.  Total votes pulled by Subhas Chandra were
1580 against 1375 by Sitaramaiah. Gandhiji was upset for his candidate’s defeat
and openly ventilated his dissatisfaction albeit
Subhas Chandra was democratically elected. It is believed that albeit Pattabhi Sitaramaiah was a Telugu person
hailing from southern part of India but many persons of southern region of
India voted in favour of Netaji Subhas. Anyhow, while Netaji was Congress
President many remarkable works were carried out under his leadership – one was
his initiative to keep Assam with India as then Muslim League leaders’ had
different game plan. In 1938, Assam was passing through a great political
turmoil as there was a serious political problem – Muslim League vs. Congress.
During that time, Gopinath Bordoloi invited Subhas Chandra Bose (President of
Congress that time) to visit Assam so that chaotic political situation is
settled. Subhas Chandra immediately rushed to Assam and strongly advocated the
formation of the ministry under the leadership of Gopinath Bordoloi.  As a sequel, Assamese youths were happy and a
booklet on Subhas Chandra was published by some enthusiastic students of Cotton
College in 1939, under the umbrella of All Assam Progressive Youth Association
(AAPYA, formed that time). Further, they decided to invite Subhas Chandra Bose
to inaugurate the association, which he gladly accepted.
   While Netaji Subhas Chandra Bose was Head of
Indian National Army (INA) or Azad Hind Fauj, Dr. (Mrs.) LakshmiSwaminathan met
him in Singapore and decided to join in the freedom movement as she was
impressed with the charismatic speech of Netaji Subhas. She as   Captain Lakshmi    headed a regiment called Jhansi Rani Laxmi
Bai Regiment.  It was the first regiment
headed by a lady in Asia. Later on, she married to Colonel Prem Kumar Sahgal
(leading personality of INA) and subsequently known as Dr. Lakshmi Sahgal.  From historical documents etc. it is evident
that Netaji’s contribution in freedom movement is immense. In this context Clement
Richard Attlee, who was the Prime Minister of the United Kingdom from 1945 to
1951 and the Leader of the Labour Party from 1935 to 1955 may be quoted, “Netaji
was the toughest challenge to the British Empire faced”.
Open Editorial Article contributed by 
Dr. Shankar Chatterjee

Former Prof &Head (CPME)
NIRD &PR, Hyderabad-500 030, Telangana, India
E-mail: <shankarjagu@gmail.com>

‘India’s participation at WorldSkills International Competition must be seen as big as the Olympics’

The 48-member Indian Team representing the country at WorldSkills Kazan 2019 was given a grand send-off at a ceremony in the capital today, organized by National Skill Development Corporation (NSDC) under the aegis of Ministry of Skill Development and Entrepreneurship (MSDE), to motivate the participants as they gear up to pit their skills against the best in the world. India is the sixth largest team that will take part in the competition.

Nearly 1,500 competitors from 60 countries will compete in 56 skill competitions at this mega event in Kazan, Russia on August 22-27. The 48-member Indian team will participate in 44 skills, including mobile robotics, prototype modelling, hairdressing, baking, confectionary & patisserie, welding, brick laying, car painting, floristry, etc. Forty-four experts and 14 interpreters are also accompanying the participants to Kazan. In 2017, a 28-strong contingent took part in the WorldSkills International at Abu Dhabi, winning one silver, one bronze and nine Medallions of Excellence.
Addressing the candidates Dr. Mahendra Nath Pandey, Minister for Skill Development and Entrepreneurship, said, “My heartiest congratulations to the 48 of you who have proven your mark at the national level. You all will now represent the country at the world’s biggest skill competition in Russia. My advice to you is to compete in the true spirit of participation and make India proud on the global platform and at the same time learn from your international peers competing with you. You are the brand ambassadors of India and your victory will be an inspiration for every Indian youth who aspires to make it big in their life. Participating at events of such scale adds to the larger cause of skill development which is integral to Prime Minister, Shri Narendra Modi’s vision of a Skilled India.”
“I am happy to learn that we have six young girls also bearing the flag of the country at Kazan. I am positive you will inspire many more and we will see increased female participation in the years to come. I also hope with Team India’s participation at WorldSkills, the event will gain the same level of popularity in the country, as the Olympics and the Asian Games,” he added.
The desire to excel in the trades of their choice has played a crucial part in the candidates realising their dream of performing at a global stage. Mohammed Rabith from Malappuram, Kerala is one such example of grit and determination. The 22-year-old whose father works as a coolie and mother is a homemaker, aims to make his parents and his country proud by winning the gold medal in Wall & Floor Tiling Skill at the WorldSkills. Stories like Rabith are abound in the Indian team, where the spirit of youth is motivated by aspiration and the desire to excel.
Himanshu Vohra, a final-year civil engineering student from Chitkara University in Punjab, is representing India in Plumbing and Heating Trade. Himanshu’s passion and interest in plumbing has taken him to multiple competitions, including Global Skills Competition in Australia, before he found himself as a contender for the WorldSkills in Russia.
About 75% participants come from tier II and tier III cities, with 25% from rural areas. Most belong to humble backgrounds, parents work as farmers, coolie, daily wage laborers and security guards. Among states/UTs, Maharashtra tops the chart with seven contestants participating in the competition, followed by five from Karnataka and four from Uttar Pradesh. Over 50,000 youth had registered for the IndiaSkills Competitions that was organized across several legs last year.
Participants spoke about their experiences at the send-off. Present among the audience were proud parents who greeted them with loud cheers as the Minister felicitated all 48 contestants.
The 48 contestants have been shortlisted through a series of contests conducted at district, state, regional and national levels over the past year. These candidates were provided extensive training in skills ranging from Wall and Floor Tiling, Brick Laying, Cabinet Making, Car Painting, CNC Turning, Hair Dressing, Welding, Restaurant Service, Beauty Therapy, Auto-body Repair to Mobile Robotics, Mechatronics, Prototype Modelling, Visual Merchandising, etc, by leading corporate entities with NSDC acting as a facilitator and have been gained extensive support from Sector Skill Councils, Industry and Corporates.
Candidates have been exposed to international training with industry support from over 100 companies. More than 100 companies have Renowned experts such as Vinesh Johny – Chef/Trainer, winner of Forbes 30-under-30; Samantha Kochhar, renowned beauty expert and director of Aroma Magic; JP Shroff, Chairman of Kushal Credai; Seema Jhaveri, Director of IFD and Vaishali Shah, Principal of LTA Beauty School came together to prepare the contestants for the mega-event. Leading organisations such as Maruti, Mahindra, Toyota, Daikin, Saint Gobain, Tata Motors are among the 100+ partners which have extended support via infrastructure, equipment, expert trainers, facilities, training and more.
Aimed at promoting world-class standards in technical education and vocational training, NSDC, under the aegis for MSDE, is working to make skills aspirational and create a pathway for a career in vocational trades. 

Abolition of Triple Talaq will ensure dignity and equality to crores of Muslim women

Union Minister of Home Affairs Shri Amit Shah addressed an audience on “Abolition of Triple Talaq – correction of a historic wrong” at the Constitution Club of India earlier today.
Tracing the journey of the Act, Shri Shah said that he had spoken on the issue of Triple Talaq when it was in the ordinance format and when it was a bill. He said that it was a proud moment for him to speak of the issue of Triple Talaq when it had finally been enacted by the Parliament.

Blaming the policy of appeasement for the opposition to the removal of Triple Talaq, he said that while removal of social evils is generally welcomed by society, it was appeasement that led to some opposition to the move.
Shri Shah asserted that social unity and holistic development are hampered because of appeasement. He said that development of an entire society takes hard work and rigorous planning, and requires dedication, commitment and empathy. Calling appeasement a “shortcut”, he said that appeasement never leads to development.
Shri Shah said that those who are left behind in the journey of development must be empowered, and that holistic, all-encompassing, last-mile development is the philosophy of the government under the leadership of Prime Minister Shri Narendra Modi.
Giving the examples of nations that had abolished Triple Talaq, Shri Shah said that several Islamic nations had already taken the step decades ago, and this proves that such a barbaric practice is not part of Islamic culture.
Praising the tenacity and decisiveness of the government, Shri Shah said that the road to ending Triple Talaq was not easy, as the Bill was not able to pass through Rajya Sabha multiple times. However, the government persisted with the passage of the Bill and was ultimately successful.
Commenting on the Constitutional Status of the issue, Shri Shah said that a five judge Constitution Bench had pronounced with a majority of 3-2 that the practice of Triple Talaq violates Article 14 of the Constitution – Equality before the law and equal protection of the law. Thus, Supreme Court itself has declared the practice of Triple Talaq to be illegal, unconstitutional, arbitrary and void.
Shri Shah said that a soicety must progress with time, otherwise it becomes stale. He also said that the abolition of Triple Talaq would ensure dignity and equality for crores of Muslim women.
Commenting on the aspect of imprisonment for the violation of the Act, Shri Shah remarked that the correction of many social evils required the application of criminal laws – from Sati Pratha and child marriages to polygamy and dowry.
Regarding the maintenance of the aggrieved wife and children, Shri Shah said that the husband will be required to provide for the wife he divorces through Triple Talaq, as well as their children.
Shri Shah said that the law stipulates 3 years of imprisonment for violators, and bail is possible only after the aggrieved woman has had a chance to present her side to the court. Thus, this law empowers Muslim women in the truest sense of the word. Commenting on the results of a survey, Shri Shah said that 92.1% Muslim women wanted Triple Talaq gone.
He said that he was proud of having voted against ending the social evil of Triple Talaq.
Shri Shah observed that nepotism, casteism and appeasement have collectively damaged the nation’s polity, and emphasized that under the leadership of Prime Minister Shri Narendra Modi, the government had taken steps to remove all three from India’s polity.
Shri Shah stated that with the passage of the Act, the Prime Minister’s promise to the nation stands fulfilled. He also said that the world looks up to India with respect because of this move.
He remarked that great social reformers like Raja Rammohan Roy, Jyotiba Phule, Kavi Narmad Mahatma Gandhi, Veer savarkar and Dr Ambedkar have all contributed to uplifting our society and removing social evils. He said that Prime Minister Shri Narendra Modi’s name would find a place in the list of great social reformers because of his leadership in the quest for abolishing the practice of Triple Talaq.
Hailing the Prime Minister for the decision, Shri Shah said that the journey of the nation towards development must not stop here. He emphasized that the nation must function not on nepotism, casteism or appeasement, but on merit.

Text of PM’s Address at the Royal University of Bhutan, Thimpu

Anyone visiting Bhutan is struck as much by its natural beauty as by the warmth, compassion and simplicity of its people. Yesterday, I was at Semtokha Dzong, the fore-most example of the richness of Bhutan’s past and the greatness of its spiritual heritage. During this visit, I have had the opportunity to interact closely with the present leadership of Bhutan. I once again received their guidance for the India-Bhutan relationship, which has always benefitted from their close and personal attention.
Now, today, I am here, with the future of Bhutan. I can see the dynamism, and feel the energy. I am confident that these will shape the future of this great nation and its citizens. Whether I look at Bhutan’s past, present or future, the common and constant threads are – deep spirituality, and youthful vigour. These are also the strengths of our bilateral relationship.
Friends,
It is natural that the people of Bhutan and India experience great attachment to each other.  After all, we are close not just due to our geography. Our history, culture and spiritual traditions have created unique and deep bonds between our peoples and nations. India is fortunate to be the land where Prince Siddhartha became Gautam Buddha. And from where the light of his spiritual message, the light of Buddhism, spread all over the world. Generations of monks, spiritual leaders, scholars and seekers have burnt that flame bright in Bhutan. They have also nurtured the special bond between India and Bhutan.
As a result, our shared values have shaped a common world-view. This is visible in Varanasi and Bodh Gaya. And also in Dzong and Chorten. And as people, we are fortunate to be the living vehicle of this great legacy. No other two countries in the world understand each other so well or share so much. And no two countries are such natural partners in bringing prosperity to their peoples.
Friends,
Today, India is witnessing historic transformations in a wide range of sectors.
India is eliminating poverty faster than ever before. The pace of infrastructure construction has doubled in the last five years. We have just pledged about 15 billion dollars for next-generation infrastructure. India is home to the world’s largest health-care programme, Ayushman Bharat that offers health assurance to 500 million Indians.
India has among the cheapest data connectivity in the world, which is directly and indirectly empowering millions. India is also home to among the biggest start-up eco-systems in the world. This is indeed a great time to innovate in India!  These, and many other transformations have the dreams and aspirations of the youth of India at their core.
Friends,
Today, I stand here among the best and brightest youth of Bhutan. His Majesty told me yesterday that he interacts with you regularly and had addressed the last convocation.  It is from you all that Bhutan’s future leaders, innovators, business persons, sports persons, artists and scientists will emerge.
A few days back, my good friend, Prime Minister Doctor Tshering wrote a Facebook post that touched my heart. In that post he mentioned about Exam Warriors, and just now also a student mentioned about that book. Exam Warriors, a book I wrote about how to face exams without stress. Everyone faces exams in schools and colleges and also in the larger class-room of life. Can I tell you something? Much of what I wrote in Exam Warriors is influenced by the teachings of Lord Buddha. Particularly, the importance of positivity, over-coming fear and living in oneness, be it with the present moment or with Mother Nature. You are born in this great land.
Therefore, these traits come naturally to you and shape your personality. When I was young, the search of these traits took me all the way to the Himalayas! As children of this blessed soil, I am confident that you will contribute to finding solutions to the problems of our world.
Yes, we have challenges. But for every challenge, we have young minds to find innovative solutions to over-come them. Let no limitation constrain you.
I want to tell you all- there is no better time to be young than now! The world today offers more opportunities than ever before. You have the power and potential to do extra-ordinary things, which will impact generations to come. Find your real calling and pursue it with full passion.
Friends,
India-Bhutan cooperation in hydro-power and energy is exemplary. But the real source of power and energy of this relationship are our people. So, it is people first, and people will always be at the centre of this relationship. This spirit is clearly seen in the outcomes of this visit. Going beyond the traditional sectors of cooperation, we are seeking to cooperate extensively in new frontiers, from schools to space, digital payments to disaster management. Our cooperation in all these sectors will have a direct impact on young friends like you. Let me give some examples. In this day and age, it is crucial to connect scholars and academics beyond borders, so that creativity and talent of our students bring them at par with the best in the world. Cooperation between India’s National Knowledge Network and Bhutan’s DrukREN, which became a reality yesterday, will serve this purpose.
It will provide secure and fast connectivity between our universities, research institutions, libraries, health-care and agricultural institutions. I urge you all to make full use of this facility.
Friends, Another example is the frontiers of space. At this very moment, India’s second Moon mission, Chandrayaan-2 is on the way to the moon. By 2022 we intend to place an Indian in space, on an Indian space-craft. All these are the results of India’s own achievements. For us, the space programme is not just a matter of national pride. It is a vital instrument of national development and global cooperation.
Friends,
Yesterday, Prime Minister Tshering and I also inaugurated the Thimphu Ground Station of the South Asia Satellite and expanded our space cooperation. Through satellites, benefits of tele-medicine, distance education, resource mapping, weather fore-cast and even warning of natural disasters will reach even remote areas. It is even a matter of great happiness that young Bhutanese scientists will travel to India to work on designing and launching Bhutan’s own small satellite. I hope that someday soon, many of you will be scientists, engineers and innovators.
Friends,
For centuries, education and learning have been central to the ties between India and Bhutan. In ancient times, Buddhist teachers and scholars formed the bridge of learning between our peoples. This is a price-less heritage, which we wish to preserve and promote. Therefore, we welcome more students of Buddhism from Bhutan in institutions such as Nalanda University – a historical global seat of learning and Buddhist traditions, which is revived at the very place where it existed fifteen hundred years ago. The bond of learning between us is as modern as it is ancient. In the 20th century, many Indians came to Bhutan as teachers. Most Bhutanese citizens of older generations would have had at least one Indian teacher during their education. Some of them were honoured by His Majesty last year. And we are grateful for this generous and kind gesture.
Friends,
At any point, over four thousand students from Bhutan are engaged in studies in India. This number can and should grow. As we march forward to develop our countries, we also need to keep pace with ever-changing technological landscape. It is, therefore, Important that we collaborate in all areas of emerging technologies and education.
I am happy that yesterday we have begun new chapters of engagement between India’s premier IITs and this prestigious University. We hope that these will lead to more collaborative learning and research.
Friends,
In any part of the world, if we ask the question what do you associate with Bhutan, the answer will be the concept of Gross National Happiness. I am not surprised. Bhutan has understood the essence of happiness. Bhutan has understood the spirit of harmony, togetherness and compassion. This very spirit radiates from the adorable children who lined the streets to welcome me yesterday. I will always remember their smiles.
Friends,
Swami Vivekananda had said, “Every nation has a message to deliver, a mission to fulfill, a destiny to reach”. Bhutan’s message to humanity is happiness. Happiness which springs from harmony. The world can do with a lot more happiness.  Happiness, which shall prevail over mindless hate. If people are happy, there will be harmony, where there is harmony, there will be peace. And it is peace that will help societies achieve progress through sustainable development. In a time where development is often seen in conflict with traditions and the environment, the world has much to learn from Bhutan.  Here, development, environment and culture are not at loggerheads but are in synergy. With the creativity, energy and commitment of our youth, our nations can achieve all that is required for a sustainable future –   whether it is water conservation or sustainable agriculture or making our societies free of single-use plastic.
Friends,
During my last visit to Bhutan, I had the privilege to visit the temple of democracy, the Parliament of Bhutan. Today, I have the honour to visit this temple of learning. Today, we also have in the audience Honourable Members of the Parliament of Bhutan. I especially thank them for their distinguished presence. Democracy and education both aim to set us free. Neither can be complete without the other. And both help us to achieve our fullest potential, and be the best we can. This seat of learning will once again set free our spirit of enquiry and will also keep the student within us alive.
As Bhutan soars high in these endeavours, your 1.3 billion Indian friends will not only just look on and cheer you with pride and happiness. But also they will partner you, share with you and learn from you. With these words, I would like to thank the chancellor of the Royal University of Bhutan His Majesty the King, the Vice Chancellor and the Faculty of the University, and all of you – my young friends.
You all have honoured me with your invitation and given me so much time, attention, and even more affection.  I go back with a lot of happiness and positive energy from you all.

Successful Supervisor/PhD student Relationship

A good relationship is the basis for a good performance in science and a way to promote collaboration and the success of all the members in a research group. At the core of all the labs relationships is the professor/student relationship. If this works properly, it can be the seed for the whole lab relationship.
Yet, as higher education has transformed over the decades, so have traditional relationships in academia – some more effectively than others.
Decades ago, this relationship was based on the authority of the master over the disciple. The professor/student relationship was a sort of dictatorship where the student had to follow any small desire or suggestion of the professor. The professor was a superhuman that possessed all the knowledge and wisdom, and the student was obliged do what the professor said without any doubt or discussion.
In most disciplines, the supervisor/PhD student relationship is established through the bonding process that occurs during the development of a doctoral thesis, where the student is supposed to be guided by the professor. This relationship, during a specific and limited period of time, can generate links that endure over the time, far beyond an employment relationship that is established for the fulfillment of the objectives of a project.
This does not happen today, at least not in most of the advanced research centers. Previously, the authority of the professor was based on their supposed possession of all the knowledge and the nearly absolute dependence of the student on the decisions of the professor. Now, we live in a society where access to knowledge is almost unlimited, and the professor’s preponderance over the student is based fundamentally on experience more than access to knowledge.
Also, whereas the student’s success used to require obedience and unwavering loyalty to the professor, the modern student has no need for such dependence. This has been lost in an open world, in the entire global village. Today, students have a contract and labor rights, so their survival does not depend on the whim or arbitrariness of a professor.
Apart of this, when a professor/student relationship begins, there is a need to combine two wills, each with their circumstances, to achieve a single objective. This objective is usually linked to a research project and usually leads to a doctoral thesis. Years ago, this was usually just a manuscript.
But today, the thesis is not enough; we must add on to it. From this professor-student relationship, other fruits grow, such as articles in journals, conference papers, patents, and collaborations with other research groups, some of them abroad. PhD students in my research group have gone on to work at research centers in the Netherlands, Italy, France, Sweden, Switzerland, Germany, Austria and the United States as well as in other parts of Spain. See ranking of institutions here. https://ranking.eduindex.org/ 
Normally in this relationship, the seed of the idea for a research topic comes from the professor. The professor introduces the idea to the student and provides all the necessary means for growth: laboratories, libraries, consumable material, trips (if necessary). It is the student who takes the shovel to nurture the seed with soil, water it and monitor its growth. The professor must also watch that everything goes well so the tree can grow. If problems arise, such as a plague, hail or drought, the professor must provide solutions and the means to reach them advised or helped by the student, of course, who cares directly for the tree and probably knows it better than the professor. But the main responsibility to find solutions belongs to the professor.
When time has passed and the fruits appear, they will be the fruits of both of them. Both are responsible for the final product, and both will benefit (or experience harm) from what has been achieved.
For this relationship to function well, there must be rules, which will ensure this co-responsibility becomes an eternal and enduring positive relationship over the time. When a student believes that their thesis is good or bad because of the professor, or vice versa, it is because the norms for the professor/student coexistence have not been followed.
These are the ingredients for the recipe for a healthy and fruitful relationship:
1. A relationship between equals. The professor, from the first day, should establish a personal relationship of mutual respect, equal to equal. The student will respect the professor (who is usually is wiser and older) but starting from the reality that it is a relationship between equals. Mutual respect must be the basis for the relationship.
2. Inspiration and creation of ideas. The professor should be a source of inspiration and creation of ideas. But also, the student will endeavor to learn the state of art that allows him or her to propose alternative ways in the creative process. The student must generate, from the beginning, ideas that enrich the work.
It is normal for ideas to come from the professor. Usually, when the first contact is established, the professor has a running research line established, often with funding allocated to the project. But the idea must be taken by the student as their own, and the student must strive to expand the possibilities of the work thorough their own input.
3. Means. The professor must provide the student with all the necessary means to carry out their work, including a decent salary. At the same time, the student will make every effort to make the work evolve to achieve the objectives set by the professor, and to take advantage of everything that has been put in their hands.
In former times, where a research activity often progressed thanks to the goodwill of the participants, who had to overcome what seemed like an obstacle course where even the tools to be used were not provided, is a nonsense today. Any research endeavor should ensure the basic resources in order to be developed with enough guarantees for success. The times where PhD work is done under the principle of generosity have passed. There must be enough funding to allow the research to progress, and the focus of the student should be the development of their creative work.
4. Progress of the work. The professor must monitor the progress of the student’s work at all times. The student must help the professor find solutions to the seemingly unresolvable problems that will surely come up along the way.
The times where the professor does not “give audience” to the student, waiting on their “throne hall” for the “vassal,” are long gone. In today’s research environment, if a professor does not have time to supervise PhD students properly, the supervising activity must be redefined. Also, the student must put all effort and energy in trying to solve the problems by themselves before discussing it with the professor.
5. Cooperation. The professor will become the first ally (partner, associate) of the student in the performance of the work. And the student must go to the professor whenever there is any problem or contingency related to the work along the way. The basis for the cooperation is communication. It is quite normal that students try not to disturb the professor, even though most of the time, the professor could solve the problem faster than any other person. Both professor and student must consider the work relationship as teamwork.
6. Encouragement. The professor should always encourage the student (in the best positive attitude), especially in those moments when things do not go as expected.
7. Discrepancies management. The student will discuss with the professor any possible discrepancy of criteria that may arise in the development of the work. The student will comply with the decisions of the professor, decisions that will be the result of a prior discussion.
When discrepancies appear, the best way to reach an agreement is discussion, discussion and discussion, and then reaching an agreement. Sometimes, discrepancies appear because someone fails: the professor in the guidance or the student in the execution. In those cases, before starting the discussion the first step should be communication, trying to explain what’s happened.
Failure to comply with this rule will generate a great mutual distrust that can end with a mutual hostile attitude that can, in turn, make the project fail.
8. Knowledge transfer. The student must be aware that having accepted the supervision of the professor, he becomes an essential link in the propagation of the knowledge previously accumulated by the professor. The professor will try to put all their effort in giving international relevance to the work of the student, which is also is the professor’s work.
In the today’s society, knowledge transfer is more important than ever, so both professor and student must assume that one of the main objectives in their research work is to promote, as much as possible, the transfer of the generated knowledge to the society. This can be done through scientific papers, patents, spin-offs – and scientific divulgation today is a must. This task, easier now thanks to social networks. Even when using social media for self-interest purposes, scientists that have high impact in social networks are cited more in academic metrics, according to a 2016 study in PLOS One.
In this effort to disseminate the knowledge, the student plays an important role as the main link between the professor and future students.
9. Professional projection. The professor should be aware that no matter how much he or she gives to the student, that student is putting into the hands of the professor several years of their life, in their moment of more physical and intellectual splendor. The professor will seek the greatest professional projection he or she can provide to the student.
The better the future of the student, the better the future of both of them. One well promoted student is the best way for the professor to assure future scientific networks, future collaboration and future projects. Today’s students must be future partners. To promote your students is actually a way to promote yourself.
10. Relationship forever. The professor, from the moment he or she accepts the student, must be their mentor forever. And the student must expect and ask for advice and help from the professor for the development of their later professional career.
If both are intelligent people (which is supposed), they will try to maintain, forever, this mentor/mentored relationship. With time, the student could even play the mentor role with their former professor. Both of them will grow personally and professionally, and this will allow them to help each other. If the relationship is an equal relationship from the beginning, with the passing of the years, it will be much even more egalitarian, if it is possible. This kind of relationship could promote connections as strong father/mother and son or daughter. And this could be one of the best ways to enrich the personal lives of both.

Google Domains Review: Pros & Cons of Google As Domain Registrar

Google Domains is a domain name registrar owned and operated by
Google. Google rolled out the product in 2014, and is still in “beta” as
of 2019.
Google Domains is not my primary domain registrar (which is NameCheap). As a Googlephile and SEO consultant, I pretty much had to register a domain with Google Domains the day they started.
Here’s my experience so far and my full Google Domains review with pros & cons…

Disclosure
– I receive referral fees from companies mentioned on this website. All
data and opinion is based on my experience as a paying customer or
consultant to a paying customer.
Before we look at the pros & cons, there are a couple items to mention.
First, Google Domains is strictly a domain registrar.
They allow you to claim, register & manage domain names. They do
not offer complementary services such as hosting**. Google separately
offers email and business services through Google Apps. Google Apps does require a custom domain name to get started.
**except for Google Sites, which is a website builder that provides storage (but not hosting) via Google Drive.
We’ll explore this point more in the pros & cons, but it’s important to understand Google’s goal with Google Domains.
They want “getting online” simpler & less daunting for very small
and/or less tech-savvy businesses – that means getting these businesses a
domain name.
And even further, it means making the process of getting a domain as simple & transparent as possible.
Second,
it’s important to remember that a domain is not a website. It’s not
email – or any other service. It’s analogous to your address in the
offline world – it helps people locate where your property is. A domain
simply tells browsers/email/etc where to go to get whatever it wants
(website files, emails, images, data, etc).
If you want to setup a website, you’ll still need to get hosting or a website builder / eCommerce provider that provides hosting.
All that said – let’s look at the pros & cons of using Google Domains as your domain registrar.

Pros of Google Domains

Interface / Backend

Google Domains promises to be simple and transparent. And you’ll notice it right off with their homepage and backend design.
It’s so minimalist that it’s nearly blank.
Google Domains Interface
It
has Google’s trademark design ethos (aka – the nearly blank Google
Search page). Google Domains focuses on doing one thing and one thing
only – domains.
The design has no upsells, no cross-sells and no visual clutter. It’s
honestly refreshing contrasted to the typical direct response offers
from most domain & hosting companies.
Once you leave the site, you won’t even see striking retargeting ads.
On Facebook, you’ll see just classy reminder ads. No offers – just a
promise of simplicity and transparency.
When you need to point your domain to a host or website builder, it’s
all there in a single place. There’s literally just 3 options on the
backend sidebar.
Google Domains’ interface is a refreshing pro in an industry where
most small business owners have to put up with pop-ups, upsells and
confusing backends.

Integrations

Although Google Domains does not offer built-in complementary
products, it does integrate very well with the most common web apps.
It syncs simply with Google Apps (for email, storage, records, etc). And Google runs one of the best DNS servers (the system that tells a browser to go to a specific server to get files) on the Internet.
Google Domains Integration
In
fact, many webmasters will use Google’s DNS in place of their domain
registrar’s or hosting companies, which is a plus because it’s
integrated well with Google Domains.
A menu of (sponsored) common website builders is integrated directly in the “add website” drop down. It includes Shopify, Weebly, Wix, Blogger & Squarespace.
Google Domains Website Integrations
All this leads to the next pro of overall simplicity.

Simplicity

If you are setting up your own website with a hosting provider, pointing your nameservers is directly in the domain menu. It’s one click.
But it’s more than just one click on a clean interface – even advanced functions are simple to find and operate.
If you want to leave Google Domains – unlocking your domain is simple (something that other domain name registrars make quite difficult). Updating addresses are simple.
Google Domains Billing
Discovering
your billing history is simple. Since Google Domains uses your Google
Account, it’s easy to pay and maintain (it pulls from your email and
Google Wallet information).
Simplicity is the one thing Google Domains promises and they live up to it.

Transparent Value Pricing

Google Domains maintains a single price for each top level domain (TLD). .Coms are $12/year.
Google Domains Pricing
Their
pricing across the board is not the cheapest long or short term. They
are a couple dollars more expensive per year than NameCheap. And they
don’t do short-term discounting like GoDaddy.
However, Google Domains does bundle Privacy Protection with all their domains. NameCheap and GoDaddy both have this option as an upsell.
So although Google Domains isn’t the cheapest, they do offer a solid
total value pricing – and they are very transparent for what you’re
getting.
Google Domains Features

Selection of New TLDs

In 2014, ICANN, the internet’s governing body, allowed for a lot more top level domains
(TLDs). This introduced wide new selection into the domain name market,
which use to be limited to .com, .net, a few other generics plus
country-designated TLDs.
Now more businesses are looking for unique TLDs like .kitchen or
.academy among hundreds of others. The issue now is making sure your
domain registrar has all the ones you want to register.
Google Domains TLDs
There
is one catch – Google Domains does not have country designated TLDs.
It’s a US-only service and has only “generic” TLDs (plus the .us country TLD). If you want a .co.uk or .ie domain – you’ll be out of luck.
TLD Availability
But
as long as you’re US-only looking for a generic TLD, you’ll find solid
selection with Google Domains. Google Domains has almost all of them
that I’ve seen.

Cons of Google Domains

Pricing

Like I mentioned in the pros section, Google Domain’s pricing focuses
on simplicity and transparency. They include privacy in their pricing –
and are cheaper than most hosting companies that offer domain
registration.
However, when Google Domain’s pricing goes up against NameCheap or GoDaddy, they lose out. NameCheap’s pricing is transparent and consistently cheaper.
NameCheap also includes the first year of WHOIS Guard (privacy) for the first year free with this link.
GoDaddy is more expensive year to year than Google Domains. However, they also deeply discount domains in the first year.
If you are just trying to secure domains quickly & cheaply, then GoDaddy will be a better bet on price. NameCheap will still be the better long-term option.

Support

Google Domain’s interface & product is focused on eliminating any
possible need for customer support. That said – stuff happens. And when
stuff happens, you need support.
I’ve never had to use Google Domain’s support, however, their support
options are not best in the industry. Their contact forms are buried
and their phone support options are limited to US business hours. They
do offer off-hours chat/email.
Google Domains Support
Support isn’t necessarily a con – but it’s not really a reason to choose Google Domains.

Complementary Products

Google Domain’s focus on only domains is a pro – but it’s also a con.
And that’s because there are several products that almost always go with a domain. If you want to make your site secure with SSL, you’ll need an SSL certificate associated with the domain.
You can buy it separately from a third party, but from my experience, managing it with your domain is simpler.
I like to separate my domains and hosting, but many owners prefer
that their hosting and domains get bundled into one (even if it’s not
ideal from a performance perspective).
NameCheap has competitive hosting; GoDaddy offers alright basic hosting with domains. And most hosting companies offer domain registration (or even free domains) with hosting purchase (such as InMotion or Bluehost).
Those kind of products simply aren’t available with Google Domains.
So if you want that kind of convenience, then you’re out of luck.

Selection of Country TLDs

Although Google Domains has a wide selection of generic domains, they do not support country-level domains.
Google Domains Country TLDs
At first, I didn’t think this would be too much of an issue since it’s only available to US customer anyway.
However, if you are a US company with a country specific website, it
might be convenient to manage those domains together. You can do that
with companies like NameCheap, but not Google Domains.

Google Promise / Beta Status

The last con of using Google Domains as your domain provider is
Google itself. Right now at the end of 2018, the product is in “beta” –
or testing. And it’s been in Beta for almost 5+ years now.
And
while Google says that it’s a long-term project and a natural fit with
their other business products like Google Apps and Google App Engine –
Google also has a long history of shutting down well-known projects.
They killed Google Reader, iGoogle, Google Apps for Teams and Google
Glass. Google has gone through countless changes with their local
business product (aka Google Places, Google+ Local, Google MyBusiness,
etc) and even Google+ – their highest profile side project ever.
In other words, even though Google Domains has a lot of benefits with Google, domain names is not and never will be Google’s priority.
Google Domains will always be under threat of shutting down – even if
it’s doing well. If they did shut down – you wouldn’t lose your domain
name, but would have to transition companies on Google’s timeline.
NameCheap, GoDaddy, Hover
or other domain name registration companies only do domain name
registration. They might go out of business, but as long as they are
making money, they will never be unceremoniously shuttered.

The Google SEO Advantage / Disadvantage

Before looking at next steps, I have to touch on one bit of SEO
(search engine optimization) mythology. In the SEO world, there are 3
camps on Google products.
The first camp says that Google is inherently untrustworthy. They say
you should never use their products because they just spy on you and
are out to punish you. It’s all about tricking and outsmarting Google.
The second camp says that Google is SEO. They say you should use all
their products and do everything they say. Google will always prefer
their own products and will reward everyone that uses them. It’s all
about cooperating and sucking up to Google.
The third camp says that neither of the first two camps rely on
evidence or testing. The answer to all things SEO is “it depends.” Use
Google products that suit your business; don’t use Google products that
don’t work for you. Either way, focus on testing and doing the right
things for your customers.
I’m in the third camp. I have never seen any evidence that Google
Domains will “cleanse” or “un-blacklist” a domain. I’ve never seen any
evidence that domains registered with Google get an advantage in the
search results. I also have no idea why Google would even make that a
factor.
Don’t buy into SEO snake oil when you are looking for a domain name registrar.
The only tested SEO truth is that the internet is made up of domain
names. And you do need a custom domain (not a .weebly.com or
.wordpress.com or .blogspot.com subdomain) to build a long-term project
around.
The registrar you choose should be based on pricing, convenience, usability and support.

Next Steps

If you –
  • are just looking to register a few generic domains for your business
  • value simplicity and transparency
  • don’t need a wide product selection
  • don’t need a super-competitive price point
  • trust Google as a company

Google Domains FAQs from Readers

What Is Google Domains?

Google
Domains is a domain registration product from Google. You can register a
domain and “point” it to wherever your website lives.
How Does Google Domains Work?

Google
Domains works similarly to many other domain registrars, but with a
stripped down Dashboard and limited management features. You search for a
domain of your choice. If it is available, you
can register it for a period of time. During that time, you can point it
to a website of your choice with Google Domains’ dashboard.
Is Google Domains Free?

No,
Google Domains is a registrar that charges an annual domain
registration fee like other competing registrars. Your actual account is
integrated with your Google account for free, though.
Is Google Domains a Host?

No,
Google Domains is not a host. Registering a domain with them will not
give you a website. It will only reserve that domain name that you can
then point to wherever your website lives. You can browse this site to
find a website builder or host that works for you & works with
Google Domains.
Is Google Domains Good?

That
depends on what you want from a domain registrar. They have a
minimalist interface, but limited complementary products (ie, SSLs).
Their pricing is fair but a bit on the expensive side. It has Google’s
brand and is super-convenient, but also comes with Google’s “shut down
under-performing products notoriety”. Read the main review above for all
the tradeoffs – and explore other domain registrars that I’ve looked at
elsewhere on the site.

Finance Commission to visit Rajasthan

The 15th
Finance Commission headed by Chairman, Shri N.K. Singh and including
Members of the Commission, Shri Ajay Narayan Jha, Dr. Ashok Lahiri,  Dr.
Ramesh Chand and Dr. Anoop Singh  will visit the State of Rajasthan
from 16
th August to 19th August, 2019.

The
Commission will begin its visit with a meeting with the Senior
Economists including Prof. Anil Mehta,  Ms. Archana Surana,  Dr. Arvind
Mayaram,  Dr. Ashok Bapna,   Mr. Atul Sharma, Mr. Basantt Khaitan,  Ms.
Divya Maderna, Mr. Edward Dickinson, Prof. G. K. Prabhu,  Dr. Govind
Sharma,  Mr. K. B. Kothari,  Smt. Krishna Bhatnagar,  Mr. L. N.
Nathuramka,    Dr. Manjit Singh,  Prof. N. D. Mathur,    Dr. Prabhat
Pankaj,  Dr. Prashant Gupta, Mr. Rakshat Hooja,   Dr. Rima Hooja,  Prof.
S. S. Somra,    Prof. (Dr.) S. L. Kothari,          Amb. Satish C.
Mehta,  Amb. Savitri Kunadi,   Prof. T. K. Jain   and Dr. Vijay Vir
Singh.   
 
The
Commission will hold the other meeting with the representatives of the
State’s Panchayati Raj Institutions and Rural Local Bodies,
representatives of the Urban Local Bodies and the representatives of the
Political Parties of the State.  The Commission will also have a
meeting with the representatives of Trade and Industry bodies in the
State.  
         
On the second day of its visit, the Commission will have a detailed meeting with Shri Ashok Gehlot, Chief
Minister of Rajasthan alongwith his cabinet colleagues and senior
officers.  There will be a presentation to the Finance Commission on the
State Finances by PFS and also on Developmental/ Flagship Programmes of
State Govt.
The
Commission will also undertake field visits in and around Jodhpur
including an interaction with the District Administration of Balasamund.

Daring Resolve Taken By Centre On Jammu And Kashmir

It is not Sanjeev Sirohi or my best friend Sageer Khan or any of my other friends or any layman who has termed Centre’s latest decisions on Jammu and Kashmir as a daring resolve. It is senior Congress leader and former Union Law Minister who is also one of the eminent, senior lawyer of the Supreme Court – Ashwani Kumar who has called the move on Jammu and Kashmir by Centre as “a daring resolve in line with the mood of the nation”. How can anyone ignore when such an eminent senior lawyer of Supreme Court and former Union Law Minister who hails not from ruling party BJP or its ally party but from the main opposition party which is the Congress says so openly with full confidence? It is reliably learnt from many news channels that even another eminent and most experienced senior lawyer of Supreme Court who has also served earlier as Additional Solicitor General and is also a senior Congress leader Abhishek Manu Singhvi has also expressed his support to this bold decision taken by Centre!

To be sure, Ashwani Kumar further reiterated that, “The J&K gamble by the Central government has received popular national support and seems to be consistent with the national mood although history and future alone can attest to its wisdom.” He also clarified that he can’t work by diktat! Very rightly so!

There are a galaxy of other senior and eminent Congress leaders who too have hailed this daring resolve of Centre in taking steps to ensure the full integration of Jammu and Kashmir with India by virtually eliminating all the key provisions of Article 370 of the Constitution and abolishing most controversial Article 35A! I support the move on Jammu and Kashmir & Ladakh and its full integration into Union of India. There is no valid reason to oppose what Centre has done which according to me was the crying need of the hour!

No doubt, even though Congress is fulminating against revocation of Article 370 and Article 35A yet it is most heartening to note that many prominent faces of Congress party including Janardhan Dwivedi, Jyotiraditya Scindia, Deepender Hooda, Jiten Prasad, Salman Khurshid, Milind Deora among many others have expressed their solidarity with this latest move by Centre! Senior and eminent Congress leader Janardhan Dwivedi minced no words in saying that a historic blunder has been remedied today after the scrapping of Articles 35A and 370! Jyotiraditya Scindia said that he supported the Narendra Modi government’s proposed move to bifurcate the state into two Union Territories – Jammu and Kashmir and Ladakh. He tweeted minutes before the Lok Sabha voted on the resolution that, “I support the move on Jammu and Kashmir & Ladakh and its full integration into union of India. Would have been better if constitutional process had been followed. No questions could have been raised then. Nevertheless, this is in our country’s interest and I support this.”

As things stand, Congress senior leader Janardhan Dwivedi said happily that, “It is a very old issue. After Independence, many freedom fighters did not want Article 370 to remain. I had my political training under Dr Ram Manohar Lohia, who was against this Article. Personally, this is an issue of a matter of satisfaction for the nation. This historical mistake that happened at the time of independence has been rectified today, even though late, and is welcomed.” Mumbai Congress Chief – Milind Deora said that it was “very unfortunate” that Article 370 was being converted into a “liberal vs conservative debate”. He said in a tweet that, “Parties should put aside ideological fixations & debate what’s best for India’s sovereignty and federalism, peace in J&K, jobs for Kashmiri youth and justice for Kashmiri Pandits.”

Not stopping here, another Congress leader Deepender Hooda who is a three-time MP from Haryana’s Rohtak constituency said that, “I’ve always maintained that Article 370 should be scrapped. It is irrelevant and has no place in the 21st century. Abrogation of this article is in the interest of national integrity and the people of J&K which is an integral part of India. Senior Congress leader Anil Shastri also openly came out in support of Centre’s move and said that the the people are totally with the government on this issue! There can be no denying it! Kuldeep Bishnoi who is a special invitee to the Congress Working Committee also welcomed the removal of Article 370 calling it a “good decision”. He said that, “When this Article was implemented, then Nehru called it temporary. My personal view is that it is a welcome step. This amendment will be successful only when we are able to convince Kashmiris that they are a part of Akhand Bharat.” Former Union Minister RPN Singh too has backed Centre’s daring move!

Above all, even the Congress’s chief whip in the Rajya Sabha – Bhubaneshwar Kalita strongly protested against his party’s stand and said emotionally while quitting his membership in Rajya Sabha after the party asked him to issue a whip to all members for opposing the bill that, “I was asked by the party to issue a whip but this is against the mood of the nation. The party as it is on its way towards destruction and I can’t be a contributor to it.” Even Congress MLA from Rae Bareli Aditi Singh said on Twitter that, “United we stand! Jai Hind. 370”. She termed it a historic decision and urged people not to politicize it. When someone reminded that she was a Congress leader, she boldly retorted that, “Main ek Hindustani hoon (I am an Indian).” Absolutely right!

Interestingly enough, even veteran Congress leader Karan Singh who is son of J&K’s last ruler, Maharaja Hari Singh who signed the Instrument of Accession in 1947 and who was a Union Minister in the Indira Gandhi Cabinet in 1967, has been a member of CWC and worked with four generations of the Nehru-Gandhi family took a divergent stand from that of his party and said that he did not agree with a “blanket condemnation” of the government’s decision and said that it has “several positive points”. He welcomed the government’s decision to make Ladakh a Union Territory and reminded that, “In fact, I had suggested this as far back as 1965, when I was still Sadr-i-Riyasat of J&K, when I had publicly proposed reorganisation of the state.” He said that he hoped the hill councils of Leh and Kargil would “continue to function, so that in the absence of the Legislature, the grassroots opinion of the people of Ladakh are duly represented.” He minced no words to reiterate his support to scrap Article 35A and the government’s plan to initiate an exercise to redraw the contours of the Assembly constituencies. He said that, “The gender discrimination in Article 35A needed to be addressed as also the long-awaited and enfranchisement of lakhs of West Pakistan’s refugees and reservations for Scheduled Tribes which will be welcomed. There will also be a fresh delimitation which, for the first time, will ensure a division of political power between the Jammu and Kashmir regions.”

Be it noted, Union Home Minister Amit Shah who tabled the Jammu and Kashmir Reorganisation Bill, 2019 and the statutory resolutions in Rajya Sabha around 11 am after the Union cabinet met at Prime Minister Narendra Modi’s residence at 9.30 am to grant the go-ahead said that, “Article 370 was a temporary provision…how long can a temporary provision be allowed to continue…After abrogation of Article 370, Jammu and Kashmir will truly become an integral part of India.” Saying Article 370 was at the root of terrorism, Amit Shah told the House that full state status will be restored to Jammu and Kashmir at an appropriate time when normalcy returns. He rightly said that the decision to do away with the special status of J&K and to bifurcate the state into two UTs was in the supreme national interest! No denying it!

Honestly speaking, PM Narendra Modi very rightly summed up by saying that, “Nobody could pinpoint what benefit these Articles had brought to the people. These Articles only gave terrorism, dynasty politics and widespread corruption to J&K.” He also rightly said that, “Who voted in Parliament or who did not, who supported the Bill or who did not; we must move beyond all this and work together for the people of Jammu and Kashmir-Ladakh.” He also clarified that the new UT arrangement for J&K would be required for some time “but not indefinitely”. He indicated that the arrangement could change if development works happen at a quicker pace than he has envisioned.

What’s more, even Ahmad Al Banna who is the UAE’s ambassador to India was outspoken in observing that, “The reorganization of states is not a unique incident in history of independent India and it was mainly aimed at reducing regional disparity…It is an internal matter as stipulated by the Indian Constitution.” China and US have also advised Pakistan to come to terms with what has happened and not to overreact or do anything that spark more tension in the entire region! Very rightly so! Even Russia has backed India and termed it as internal matter with India having right to amend its Constitution!

Why is it that so many opposition parties like AAP, BJD, BSP, TDP, AIADMK, YSR-Congress and many others extended their unstinted support to Centre? It is because this most historic decision reflected the true sentiments of every Indian! This alone explains that why so many top leaders of Congress party also which opposed this landmark decision came out in open support of it! Why even JD(U) which initially walked out in protest has now endorsed Centre’s move to scrap Article 370? It is because many senior party leaders came out in full support of Centre’s bold move! There were rumblings of discontent even within TMC led by Mamata Banerjee and many leaders openly voiced their unstinted support for Centre’s bold move!

More importantly, another eminent and very senior Supreme Court lawyer who is also the former Attorney General of India Soli J Sorabjee too has clarified that, “The opposition has condemned the legislation as murder of democracy and betrayal of the people of J&K. In my opinion the charge is exaggerated and not tenable. The J&K Reorganization Bill and the resolutions moved by Amit Shah have been passed by both the Houses. The result is that Jammu and Kashmir now has no special status and all laws applicable to people of India including fundamental rights guaranteed by Part III of the Constitution shall be available to people of J&K. In short, J&K is now constitutionally recognized as an integral part of India.” He also sought to make it clear that, “The other favourable points are that people from other states can buy land in Kashmir which they could not do before. RTI which was not applicable before cannot now be denied. There will be no separate flag for J&K, but only one flag, the Indian tricolor.” If this is not a daring move, then what else can it be? Can anyone please tell me?

Truth be told, the first statutory resolution stated: “That this House recommends the following public notification to be issued by the President of India under Article 370(3): ‘In exercise of the powers conferred by Clause (3) of Article 370 read with clause (1) of Article 370 of the Constitution of India, the President, on the recommendation of the Parliament, is pleased to declare that, as from 5th of August, 2019, all clauses of the said Article 370 shall cease to be operative except clause (1).”

To put things in perspective, Article 370 will survive on paper but will now read “All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in Article 152 or Article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, bye-law, rule, regulation, notification, custom or usage having force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under Article 363 or otherwise.”

Going forward, the second resolution pertaining to the Bill said that the President has referred the Jammu and Kashmir Reorganisation Bill, 2019 to the House “under the proviso to Article 3 of the Constituion of India for its views as this House is vested with the powers of the State Legislature of Jammu and Kashmir, as per proclamation of the President of India dated 19th December, 2018.” Amit Shah who is Union Home Minister tabled the Bill and the statutory resolutions after Ram Nath Kovind signed the official notification, The Constitution (Application to Jammu and Kashmir) Order 2019, superseding the Constitution (Application to Jammu and Kashmir) Order 1954 under which the Constitution was applied only selectively to the State. The notification said that, “All the provisions of the Constitution, as amended from time to time, shall apply in relation to the state of Jammu and Kashmir…”

It would be pertinent to mention here that the government has added in Article 367 of the Constitution a clause 4 which makes four changes. The order said references to Sadar-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of J&K. Similarly, references to the Government of J&K shall be construed as reference to the Governor of J&K acting on the advice of the Council of Ministers. With Opposition members expressing their dismay that the Bill to bifurcate was not even circulated, Shah introduced the Bill and statutory resolutions again promptly. Shah also introduced the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 providing for 10 percent reservation for SC, ST and OBCs in J&K which now after being passed and having received President’s assent have become a law.

In essence, this daring resolve which many term as biggest surgical strike since independence will ensure that Jammu and Kashmir will have no separate flag or Constitution. The tenure of Assembly will be for 5 years and not for 6 years. Article 356 under which President’s rule can be imposed in any state will become applicable to J&K as well. Now people from other states would be free to buy land and properties and settle down wherever they want! Those who don’t hail from J&K can now be employed in any state government job. There can now be quota for minorities like in other states. Those lakhs of people who had come from Pakistan and settled down in Jammu and who earlier could not vote in elections can now vote and also apply for any government job which they like unlike earlier when they were wrongly forbidden! RTI Act will also be applicable to Jammu and Kashmir thus empowering people in the real sense!

Now coming to its legality, many eminent lawyers have concurred with Harish Salve according to whom “Article 370 confers powers on the President to issue orders with the concurrence of the state government where the subject matter is not covered by the Instrument of Accession. Here the President has obtained the concurrence of the government of J&K. So, the order is valid.” Supreme Court Judge NV Ramana rightly refused to entertain a plea of urgent hearing by senior Supreme Court lawyer ML Sharma who said that Pakistan would move the United Nations against the Presidential order and said that, “If they go to the United Nations, can the UN stay the constitutional amendment of the Union of India?” Who is UN to meddle in the internal affairs of India? Just no one! Has UN done anything to compel Pakistan to vacate LoC and China to also vacate the territory of PoK illegally ceded by Pakistan to China? It has just been a mute spectator all these years! So how can it interfere in India’s internal matters?

In summary, it may well be said that this daring move will help the Kashmiri Pandits and other Hindus and Sikhs to return to the Kashmir Valley and settle down there and once again lead a normal life! Many benefits accruing from it have already been pointed exhaustively! Now Jammu and Kashmir women are free to marry a men of their choice residing in any part of India without losing their rights in any manner!

It may well be said that Kanwal Sibal who is India’s former Foreign Secretary rightly sums up by saying that, “India has succeeded in outflanking Pakistan. There is now no scope to discuss the issue of Kashmir with Islamabad in any “comprehensive dialogue”. All in all the Modi government has taken a risky but much needed step in the long term interest of the country and deserves applause for this.” Can any sane person question this? Certainly not!

It is now that India can confidently say that, “Jammu and Kashmir which is now a Union Territory along with Ladakh who also has been made a separate Union Territory are an integral part of India in the real sense.” What Sardar Patel was not allowed to do in Jammu and Kashmir and Ladakh what he did to other 562 princely states has now been done by the incumbent government in Centre led by Narendra Modi as Prime Minister and Amit Shah as Home Minister! Those who criticize the government’s move must remember that the governments in the past had affected 44-45 amendments to this article beginning with replacing Maharaja with Sadr-e-Riyasat in 1952. On all such occasions we find that the same Presidential Order route was adopted and this time also the same has been done!

Yes, what is extraordinary this time is that Pakistan which was gaining because of the wrong effects of Article 35A and Article 370 will now stop gaining and this alone explains that why it is so frustrated that it approached the UN Security Council which refused to meddle in between and same is the case with US and China who too advised Pakistan to behave cautiously with India! Yet Pakistan has resorted to heavy firing along border which India is responding effectively and has decided to recall its ambassador and also send India’s ambassador back to India because it is Pakistan which was directly gaining by the operation of Article 35A and Article 370 which is indisputable as is evident from Pakistan’s belligerent approach also! But now Pakistan must reconcile with the ground reality and accept that Jammu and Kashmir will henceforth be always treated as an integral part of India in the real sense! Thanks to the daring resolve by Centre to proceed ahead for integrating Jammu and Kashmir along with Ladakh with India even though many questioned its utility and some criticized it most bitterly! We must also accept that whenever something great happens, it is initially criticized as done by JD(U) initially by staging a walkout and then accepting it after seeing the groundswell of public support it received from the people cutting across party lines, religion lines, caste lines and community lines! No denying it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

J&K Now Stands Fully And Firmly Integrated With India

It is a national tragedy that it has taken 72 long years to fully and firmly integrate Jammu and Kashmir with India. It is a national tragedy that when this NDA government led by PM Narendra Modi and Home Minister Amit Shah decided to take the bull by the horns and carry out the most daring step since independence to protect our supreme national interests which we all must welcome and extend our unstinted support still we see that many leaders for furthering their own vested interests are opposing it tooth and nail even though leaders even from their own party are terming it as a daring move as we see in the case of former Union Law Minister Ashwani Kumar, senior Congress leader and also an eminent and senior Supreme Court lawyer who has hailed this bold move as “a daring resolve in line with the mood of the nation”. How can anyone ignore when such an eminent senior lawyer of Supreme Court and former Union Law Minister who hails not from ruling party BJP or its ally party but from the main opposition party which is the Congress says so openly with full confidence?

It is reliably learnt from many news channels that even another eminent and most experienced senior lawyer of Supreme Court who has also served earlier as Additional Solicitor General and is also a senior Congress leader Abhishek Manu Singhvi has also expressed his support to this bold decision taken by Centre! Salman Khurshid too has hailed it and has rightly questioned that who is Pakistan to meddle in our internal matters? Did Pakistani leaders wrote our Constitution? Were our leaders totally incapable? Certainly not! Then who is Pakistan to shout and scream? No one! They should mind their own business jolly well and concentrate on addressing the endless woes of the people living there who are resenting their brutal suppression by armed forces and not giving them any basic rights!

To be sure, Ashwani Kumar further reiterated that, “The J&K gamble by the Central government has received popular national support and seems to be consistent with the national mood although history and future alone can attest to its wisdom.” He also clarified that he can’t work by diktat! Very rightly so! It gives immense satisfaction to note that so many Congress leaders have openly come out in the open to support Centre’s bold and historic move!

No doubt, even though Congress is fulminating against revocation of Article 370 and Article 35A yet it is most heartening to note that many prominent faces of Congress party including Janardhan Dwivedi, Jyotiraditya Scindia, Deepender Hooda, Jiten Prasad, Salman Khurshid, Milind Deora among many others have expressed their solidarity with this latest move by Centre! Senior and eminent Congress leader Janardhan Dwivedi minced no words in saying that a historic blunder has been remedied today after the scrapping of Articles 35A and 370! Jyotiraditya Scindia said that he supported the Narendra Modi government’s proposed move to bifurcate the state into two Union Territories – Jammu and Kashmir and Ladakh. He tweeted minutes before the Lok Sabha voted on the resolution that, “I support the move on Jammu and Kashmir & Ladakh and its full integration into union of India. Would have been better if constitutional process had been followed. No questions could have been raised then. Nevertheless, this is in our country’s interest and I support this.”

As things stand, Congress senior leader Janardhan Dwivedi said happily that, “It is a very old issue. After Independence, many freedom fighters did not want Article 370 to remain. I had my political training under Dr Ram Manohar Lohia, who was against this Article. Personally, this is an issue of a matter of satisfaction for the nation. This historical mistake that happened at the time of independence has been rectified today, even though late, and is welcomed.” Mumbai Congress Chief – Milind Deora said that it was “very unfortunate” that Article 370 was being converted into a “liberal vs conservative debate”. He said in a tweet that, “Parties should put aside ideological fixations & debate what’s best for India’s sovereignty and federalism, peace in J&K, jobs for Kashmiri youth and justice for Kashmiri Pandits.”

Not stopping here, another Congress leader Deepender Hooda who is a three-time MP from Haryana’s Rohtak constituency said that, “I’ve always maintained that Article 370 should be scrapped. It is irrelevant and has no place in the 21st century. Abrogation of this article is in the interest of national integrity and the people of J&K which is an integral part of India. Senior Congress leader Anil Shastri also openly came out in support of Centre’s move and said that the the people are totally with the government on this issue! There can be no denying it! Kuldeep Bishnoi who is a special invitee to the Congress Working Committee also welcomed the removal of Article 370 calling it a “good decision”. He said that, “When this Article was implemented, then Nehru called it temporary. My personal view is that it is a welcome step. This amendment will be successful only when we are able to convince Kashmiris that they are a part of Akhand Bharat.”

Above all, even the Congress’s chief whip in the Rajya Sabha – Bhubaneshwar Kalita strongly protested against his party’s stand and said emotionally while quitting his membership in Rajya Sabha after the party asked him to issue a whip to all members for opposing the bill that, “I was asked by the party to issue a whip but this is against the mood of the nation. The party as it is on its way towards destruction and I can’t be a contributor to it.” Even Congress MLA from Rae Bareli Aditi Singh said on Twitter that, “United we stand! Jai Hind. 370”. She termed it a historic decision and urged people not to politicize it. When someone reminded that she was a Congress leader, she boldly retorted that, “Main ek Hindustani hoon (I am an Indian).” Absolutely right! Even former Union Minister RPN Singh of Congress has welcomed it.

Interestingly enough, even veteran Congress leader Karan Singh who is son of J&K’s last ruler, Maharaja Hari Singh who signed the Instrument of Accession in 1947 and who was a Union Minister in the Indira Gandhi Cabinet in 1967, has been a member of CWC and worked with four generations of the Nehru-Gandhi family took a divergent stand from that of his party and said that he did not agree with a “blanket condemnation” of the government’s decision and said that it has “several positive points”. He welcomed the government’s decision to make Ladakh a Union Territory and reminded that, “In fact, I had suggested this as far back as 1965, when I was still Sadr-i-Riyasat of J&K, when I had publically proposed reorganisation of the state.” He said that he hoped the hill councils of Leh and Kargil would “continue to function, so that in the absence of the Legislature, the grassroots opinion of the people of Ladakh are duly represented.” He minced no words to reiterate his support to scrap Article 35A and the government’s plan to initiate an exercise to redraw the contours of the Assembly constituencies. He said that, “The gender discrimination in Article 35A needed to be addressed as also the long-awaited and enfranchisement of lakhs of West Pakistan’s refugees and reservations for Scheduled Tribes which will be welcomed. There will also be a fresh delimitation which, for the first time, will ensure a division of political power between the Jammu and Kashmir regions.”

More pertinently, how can it be overlooked what Jawaharlal Nehru had himself said in Parliament that, “Article 370, as the House will remember, is a part of certain transitional, provisional arrangements. It is not a permanent part of the Constitution. It is a part so long as it remains so. As a matter of fact, as the HM has pointed out, it has been eroded…I repeat that it is fully integrated…So we feel that this process of gradual erosion of Article 370 is going on. We should allow it to go on. That process is continuing.” He had said most unequivocally that Article 370, a temporary and transient provision will “corrode and erode itself”. Can anyone deny this also? Article 370 which was introduced into the draft Constitution by N Gopalaswami Ayyangar as Article 306A and when he proposed that Kashmir state would have special status and would be excluded from the purview of the laws that the Parliament of India would make and also would have the power to make its own laws, this was strongly objected to by Maulana Hasrat Mohani who was the member from United Provinces who asked that, “Why this discrimination?” Even Dr BR Amendkar who drafted the Constitution was not in favour of it!

For the sake of brevity, Rakesh Dwivedi who is a senior advocate in the Supreme Court sums up by saying that, “Along with bifurcation of J&K into two UTs under Article 1 of the Constitution, central control over J&K would be complete. Parliament would get power to legislate over all matters subject to the legislative powers left to J&K legislature – somewhat akin to Delhi. People of India would be able to exercise their fundamental rights in Part 3 of the Constitution in J&K also. With the concept of state subject coming to an end, the people of J&K and rest of India stand at par. This should foster equality and fraternity. This should foster equality and fraternity. We expect this political process to stabilize J&K, consolidate Ladakh and eventually lead to development of J&K. This would eliminate vested interests who were exploiting J&K unrest even while encouraging terrorists and separatists. J&K occupies a sensitive position as it is contagious to China, Afghanistan, Russia and Pakistan. With withdrawal of the US from Afghanistan being worked out, the Modi government has acted with promptitude to consolidate and strengthen the Indian position in J&K.”

Needless to say, former Union Law Minister, Finance Minister and also Defence Minister who earlier was also a senior Supreme Court lawyer Arun Jaitley very rightly said that, “The government’s move on Article 370 is a monumental decision towards national integration.” The Jammu and Kashmir Reorganisation Bill of 2019 passed recently by both Houses of Parliament will certainly usher in revolutionary changes! President Ram Nath Kovind on August 9, 2019 gave assent to a legislation for bifurcation of Jammu and Kashmir into two Union Territories – Jammu and Kashmir, and Ladakh and it will come into existence on October 31. A Home Ministry notification said that, “In exercise of the powers conferred by clause (a) of Section 2 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the central government hereby appoints the 31st day of October, 2019 as the appointed day for the purposes of the said Act.” What a tragedy that those who are now opposing removal of Article 370 forget conveniently that on September 12, 1964, it was reported that a Bill in the Lok Sabha urged that Article 370 be done away with in the interest of complete integration of the state with the rest of the country!

Be it noted, Union Home Minister Amit Shah who tabled the Jammu and Kashmir Reorganisation Bill, 2019 and the statutory resolutions in Rajya Sabha around 11 am after the Union cabinet met at Prime Minister Narendra Modi’s residence at 9.30 am to grant the go-ahead said that, “Article 370 was a temporary provision…how long can a temporary provision be allowed to continue…After abrogation of Article 370, Jammu and Kashmir will truly become an integral part of India.” Saying Article 370 was at the root of terrorism, Amit Shah told the House that full state status will be restored to Jammu and Kashmir at an appropriate time when normalcy returns. He rightly said that the decision to do away with the special status of J&K and to bifurcate the state into two UTs was in the supreme national interest! No denying it!

As it turned out, Amit Shah rose to place four matters before the Rajya Sabha which are as follows:-

1. Constitution (Application to Jammu & Kashmir) Order, 2019 issued by President of India to supersede the 1954 order related to Article 370.

2. Resolution for the repeal of Article 370 of the Constitution of India.

3. Jammu & Kashmir (Reorganisation) Bill, 2019 by which Jammu and Kashmir which earlier was a state was now proposed to be converted to two Union Territories – Jammu and Kashmir with legislature and Ladakh without a legislature.

4. Jammu & Kashmir Reservation (Second Amendment) Bill, 2019 providing for 10 percent reservation for SC, ST and OBCs in J&K

It cannot be lost on us that an eminent and very senior Supreme Court lawyer who is also the former Attorney General of India – Soli J Sorabjee too has clarified that, “The opposition has condemned the legislation as murder of democracy and betrayal of the people of J&K. In my opinion the charge is exaggerated and not tenable. The J&K Reorganization Bill and the resolutions moved by Amit Shah have been passed by both the Houses. The result is that Jammu and Kashmir now has no special status and all laws applicable to people of India including fundamental rights guaranteed by Part III of the Constitution shall be available to people of J&K. In short, J&K is now constitutionally recognized as an integral part of India.” He also sought to make it clear that, “The other favourable points are that people from other states can buy land in Kashmir which they could not do before. RTI which was not applicable before cannot now be denied. There will be no separate flag for J&K, but only one flag, the Indian tricolor.” If this is not a daring move, then what else can it be? Can anyone please tell me?

Truth be told, the first statutory resolution stated: “That this House recommends the following public notification to be issued by the President of India under Article 370(3): ‘In exercise of the powers conferred by Clause (3) of Article 370 read with clause (1) of Article 370 of the Constitution of India, the President, on the recommendation of the Parliament, is pleased to declare that, as from 5th of August, 2019, all clauses of the said Article 370 shall cease to be operative except clause (1).”

To put things in perspective, Article 370 will survive on paper but will now read “All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in Article 152 or Article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, bye-law, rule, regulation, notification, custom or usage having force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under Article 363 or otherwise.”

Going forward, the second resolution pertaining to the Bill said that the President has referred the Jammu and Kashmir Reorganisation Bill, 2019 to the House “under the proviso to Article 3 of the Constituion of India for its views as this House is vested with the powers of the State Legislature of Jammu and Kashmir, as per proclamation of the President of India dated 19th December, 2018.” Amit Shah who is Union Home Minister tabled the Bill and the statutory resolutions after Ram Nath Kovind signed the official notification, The Constitution (Application to Jammu and Kashmir) Order 2019, superseding the Constitution (Application to Jammu and Kashmir) Order 1954 under which the Constitution was applied only selectively to the State. The notification said that, “All the provisions of the Constitution, as amended from time to time, shall apply in relation to the state of Jammu and Kashmir…”

It would be pertinent to mention here that the government has added in Article 367 of the Constitution a clause 4 which makes four changes. The order said references to Sadar-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of J&K. Similarly, references to the Government of J&K shall be construed as reference to the Governor of J&K acting on the advice of the Council of Ministers. With Opposition members expressing their dismay that the Bill to bifurcate was not even circulated, Shah introduced the Bill and statutory resolutions again promptly.

Let us now try and understand its practical implications also. It would be better if this is done in point form. They are as follows:-

1. Now Jammu and Kashmir is open for all citizens of India to go, do any business there or settle there or apply for any job without any hassle.

2. Now there will be no separate flag.

3. Now Indian Penal Code will replace the Ranbir Penal Code.

4. Now it will not have its own separate Constitution and the Constitution of India shall be applicable to them and they can benefit equally from it just like any other citizen of India unlike earlier!

5. All of the state’s laws, including those that are pertaining to land, property and inheritance will be nullified.

6. Now those refugees who earlier could vote in Lok Sabha elections but not in Vidhan Sabha elections or even panchayat elections will be able to cast their vote just like any other voter in any other state. This will benefit lakhs of people residing in Jammu who came from West Pakistan and settled there since independence and yet could not cast their votes. Similarly they would be eligible now to apply for any jobs unlike earlier when they could apply only for Class IV job of sweeper!

7. All laws passed by Parliament will now be equally applicable to them including those that pertain to reservation for economically weaker section and instant triple talaq.

8. Now if a Pakistani marries a women from Jammu and Kashmir, he will not get all the rights straightaway and citizenship unlike earlier when he straightaway got all the rights!

9. Now if a Indian from any other state marries a women from Jammu and Kashmir, he will get the rights to settle there and also the women will not lose any of her rights or citizenship unlike earlier!

10. Now private investment and corporate investment will increase rapidly as there is now no bar on them.

11. Ladakh will now develop more rapidly as it has been made a separate Union Territory.

12. Jammu and Kashmir legislature will continue to make laws. But certain subjects will still be with the Centre to legislate on such as land, law and order – an arrangement that is similar to Delhi.

13. Now Article 356 will be applicable to Jammu and Kashmir also.

14. Now the term of Assembly will be five years and no six years unlike earlier.

15. Now Jammu and Kashmir will be able to benefit from Central laws and RTI that is Right to Information Act along with other laws like right of child to get free and compulsory education between the age of 6 to 14.

16. Now financial emergency can also be declared under Article 360.

17. There can now be quotas for minorities just like any other state.

18. All other special privileges will also now come to an end and it will have the same rights like any other part of India.

It is a no brainer that it is now that the integration of Jammu and Kashmir has become complete. It is now that India can confidently say that, “Jammu and Kashmir which is now a Union Territory along with Ladakh who also has been made a separate Union Territory are an integral part of India in the real sense.” What Sardar Patel was not allowed to do in Jammu and Kashmir and Ladakh what he did to other 562 princely states has now been done by the incumbent government in Centre led by Narendra Modi as Prime Minister and Amit Shah as Home Minister! Those who criticize the government’s move must remember that the governments in the past had affected 44-45 amendments to this article beginning with replacing Maharaja with Sadr-e-Riyasat in 1952. On all such occasions we find that the same Presidential Order route was adopted and this time also the same has been done!

Yes, what is extraordinary this time is that Pakistan which was gaining because of the wrong effects of Article 35A and Article 370 will now stop gaining and this alone explains that why it is so frustrated that it approached the UN Security Council which refused to meddle in between and same is the case with US and China who too advised Pakistan to behave cautiously with India! Yet Pakistan has resorted to heavy firing along border which India is responding effectively and has decided to recall its ambassador and also send India’s ambassador back to India because it is Pakistan which was directly gaining by the operation of Article 35A and Article 370 which is indisputable as is evident from Pakistan’s belligerent approach also! But now Pakistan must reconcile with the ground reality and accept that Jammu and Kashmir will henceforth be always treated as an integral part of India in the real sense! Thanks to the daring resolve by Centre to proceed ahead for integrating Jammu and Kashmir along with Ladakh with India even though many questioned its utility and some criticized it most bitterly!

We must also accept that whenever something great happens, it is initially criticized as done by JD(U) initially by staging a walkout and then accepting it after seeing the groundswell of public support it received from the people cutting across party lines, religion lines, caste lines and community lines! No denying it!

It will not be an exaggeration to say that it is now that Jammu and Kashmir stands fully and firmly integrated with India! Why should anyone protest to this ‘daring move” as was very rightly hailed by Ashwani Kumar? It is heartening to note that PM Narendra Modi has in his message made clear to the people of Jammu and Kashmir that it is they who will benefit most from this landmark and momentous decision and not just few political families and he would always work for their welfare and ensure that justice is done with them in all respects!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Outlawing Of Triple Talaq Is Highly Commendable

“It is a happy moment for not just me but for Muslim society as a whole. We have been freed of an evil custom. Generations of women have suffered due to instant triple talaq. They have been thrown out of their house overnight and made to go through hell.”

– Shayara Bano who litigated in Apex Court to outlaw it.

It is most heartening to note that the triple talaq bill has been finally outlawed! But its passage has been far from smooth. The ruling dispensation that is NDA led by Prime Minister Narendra Modi and Union Law Minister Ravi Shankar Prasad showed a steely resolve, firm determination and grit to make sure that women get their basic rights and those men who insult them by resorting to triple talaq are not able to escape the long arms of the law! It took three attempts to make sure that ultimately it becomes a law!

Kudos to the Centre for taking such a historic initiative! It left no stone unturned to make sure that more and more members from different parties support this historic triple talaq bill to ensure that women don’t keep on suffering endlessly in silence as has been happening since past 72 years! Jawaharlal Nehru had the guts to usher in reforms in Hindu law and Hindu Marriage Act 1955 was passed and he very rightly ensured that Hindus who both male and female could marry as many as they want earlier were restricted to just one and if they violated they could be punished for a term of seven years for which Hindus must always be grateful to him and should salute him as it is because of this that the population has been controlled to a very large extent. But he did not do anything to ensure that polygamy is similarly banned among Muslims also which would have benefited them also and their population could have been brought under control! However, now PM Narendra Modi has done to Muslims what Jawaharlal Nehru could never do to ensure that Muslim women benefits by making sure that triple talaq bill gets passed in Parliament and finally becomes a law.

To put things in perspective, it is most heartening to note that “The Muslim Women (Protection of Rights on Marriage) Bill, 2019” better known as the Triple Talaq Bill finally got President Ram Nath Kovind’s assent on August 1, 2019. Hence it has now become a law which shall be binding on Muslims. This is no less than a boon for Muslim women who earlier were subjected to the mercy of the whims and fancies of her husband who could dump her whenever he wanted!

As it turned out, it must be mentioned here that with this assent of President, this historic Bill has replaced the triple talaq ordinance promulgated in February 2019. It was on July 25 that Lok Sabha passed this historic Bill with 303 votes in favour and 82 against. It was on July 30, 2019 that in the 245-member Upper House that is Rajya Sabha voted in favour of the Bill and 84 opposed it while 62 members stayed away by either walking out or abstaining or being absent!

Let me say this on record: It is because of this 62 members of Rajya Sabha who either walked out in the name of formal protest or abstained from voting or remained absent that this historic Bill could see the light of the day! Centre did not have enough members in Rajya Sabha to ensure that it get passed even though it had comfortable majority in Lok Sabha. But these 62 members decided to lend their support indirectly by not voting against the Bill by either remaining absent or staging a walk out or abstained from voting! All Muslim women must remain grateful to these 62 MPs also apart from Centre! There can be no denying or disputing it!

As things stand, this Triple Talaq Bill has been a bone of contention and a point of friction between the Narendra Modi led NDA government and the Opposition since December 2017, when the government first tabled this historic legislation in the Lok Sabha. The Bill followed a Supreme Court judgment famously known as Shayara Bano case and titled as Shayara Bano Vs Union of India & Ors. It was in this landmark case that the Supreme Court in a 3:2 majority verdict struck down the age-old regressive and abominable practice under which a Muslim man could divorce his wife by uttering the word “talaq” thrice in one sitting and declared it as void and illegal.

Be it noted, minutes after the vote, Prime Minister Narendra Modi tweeted that by abolishing triple talaq, “Parliament corrects a historical wrong done to Muslim women.” As many as eight Congress members were absent during the vote in Rajya Sabha. Janata Dal (U) and the AIADMK walked out. Also absent were high profile Opposition leaders like the NCP’s Sharad Pawar and Praful Patel thus lending their indirect support to this historic Bill!

It cannot be lost on us that Ravi Shankar Prasad who is Union Law Minister while hailing the passage of the Triple Talaq Bill pointed out emphatically that, “Finally, Parliament has passed the Triple Talaq Bill after three attempts. The kind of jubilation it has caused across the country, barring conservative elements, indicates how it is a proud moment for India. Our country is transforming and the women of India feel empowered. Triple talaq has never been sanctioned in Islamic scriptures. During the debate in Parliament, I quoted a very authoritative book on Islamic laws from an eminent jurist, Amir Ali, wherein Prophet Mohammad (PBUH) has been quoted as disapproving of it in the strongest possible terms, and, forcing one of his disciples who had given triple talaq to his wife to accept her again. Despite disapproval from the highest quarters in Islam, and the fact that many Muslim countries following sharia laws also chose to reform it one way or another – including making it penal in many cases – it took more than 70 years in India to not only delegitimise this curse, but also provide for penal consequences. Regrettably, this shows the hold the communal and conservative elements continue to exercise over the country’s polity.”

What’s more, Ravi Shankar Prasad further points out with full zeal that, “Today, I need to salute great women like Shayara Bano and Ishrat Jehan and many others who went to the Supreme Court in 2013 challenging this pernicious practice. When the NDA government came to power in 2014, the Prime Minister boldly directed me to stand firmly with these women and support their cause.” He also lamented that, “After the Supreme Court judgment set aside triple talaq, many of us had thought that now this practice will come to an end. However, it continued unabated, even on the flimsiest of grounds. I had shared before Parliament, a large number of cases that we could gather from the media and other reports, where it was revealed how helpless women (75 percent of the victims are poor) were driven out by uttering “talaq-talaq-talaq”, irrevocably annulling the marriage.”

Let me say this on record: What a complete mockery does this make of women! Should it be allowed to permit under any circumstances? Certainly not. If it was not made a penal offence then certainly it would not serve as a adequate deterrent. The worst sufferers in such case would have been none other than women herself!

It also cannot be lost on us that many opposition parties have opposed this historic Bill on the ground that it criminalizes the triple talaq and this will break marriages more quickly. What they very conveniently forget is that even Hindus earlier could marry as many as they wanted both men and women but it was outlawed and they were made liable to be punished under Section 494 of IPC for imprisonment which may extend to seven years and shall also be liable to fine! Then why so much of brouhaha for a three year bailable jail term for Muslims now?

It is a no brainer that to prevent this and taking on board such valid concerns, Ravi Shankar Prasad points out rightly that, “When we framed the law we took on board some of the legitimate concerns, namely: The FIR must be filed by the victim/wife or her relations, by blood or marriage, to prevent abuse, and, it must be compoundable. The provision of bail was specifically added, but after hearing the wife. Besides, there are provisions for subsistence allowance and custody of minor to the wife. It was a very simple and straight legal framework, and yet, the Congress took a very negative stand that it should not be made penal at all. Therefore, while formally opposing triple talaq Bill, the Congress was insisting upon a law whereby this curse could go unabated for want of any deterrence.” Very rightly said! How can this be permitted?

It would be fair to ask: if the law was not made penal, would it have served its desired purpose of protecting Muslim women from being subjected to arbitrary divorces? It goes without saying that certainly not. It would have been toothless and the offence against women would have continued unabated as rightly pointed out by the Law Minister!

Most importantly, noted Islamic scholar and former Union Minister in late PM Rajiv Gandhi’s Cabinet – Arif Mohammad Khan very rightly sums up by saying that, “This is a very positive step taken by the Government. It has performed its constitutional duty. It was an obligation of the government to ensure that the Supreme Court (SC) judgment is followed in letter and spirit. Unless some penal provision is incorporated or it is made a punishable offence, the law is not respected. The malpractice of triple talaq has its roots in history. In India, the Supreme Court held triple talaq unlawful on two counts. One, it is arbitrary. Second, it is part of the religious law. The aprties defending this malpractice also admitted in their affidavit that it is ‘Haram’ (prohibited), and it is ‘bidat’ (innovative practice), which is not part of the original scheme. They said it is sinful but legally permissible – bad in religion but good in law. On it, the SC judgement said that this is unimaginable that something in a religious law can be ‘bad in religion and good in law’. If something is bad in religion then it must be bad in religious law also.”

While lambasting the Opposition leaders for criticizing it, Arif Mohammad Khan minced no words in saying that, “If the parties like the Congress and AIMIM feel that an act which is “Haram” and sinful is part of the Muslim identity, then I can only feel sorry about it and I would say it is highly insulting to every Muslim.” He also condemned those who say it is an attack on the Muslim identity saying that, “I find this language and these assertions absolutely insulting for the Muslims, because the triple talaq, according to the defenders of the practice also, is prohibited and sinful.

About Nikah Halala, Arif Mohammad Khan said that, “I think Halala is a related issue. Once triple talaq comes to an end, Halala will die its natural death.” About polygamy, he said that, “Though I am not a practicing lawyer, I argued in the SC against triple talaq. And, I intend to do the same, when the polygamy issue is taken up. Based on my studies of the Quran, I am convinced that polygamy is as untenable as triple talaq and has very weak ground. The Quran clearly directs to ‘marry those among you who are single’. When the scripture is saying, ‘marry one who is single’, then why should she marry a man who already has a wife? I am very sure that it will also be outlawed. I am of the opinion that why should the government wait for the SC. The Legislature should initiate the process.”

It must be pointed out that Zakia Soman who is co-founder of Bharatiya Muslim Mahila Andolan has also hailed the outlawing of triple talaq by observing that, “The passage of the Triple Talaq Bill is a welcome development. Although this has been long overdue and Muslim women have been steadfastly demanding it for many years now, this is a historic step forward in the movement for gender justice by ordinary women.”

To conclude, in the 21st century why should women not have the same rights as men? Why should women suffer at the hands of men as he likes, whenever he likes, wherever he like and how he likes without any hindrance whatsoever? Why when polygamy was banned among Hindus in 1955 has it not been banned 54 years later in 2019? It is for Centre to answer! Hindus have gained as the population has come under control but Muslims still are suffering because of it not being outlawed. It must take the great initiative in this direction also as rightly pointed out by Arif Mohammad Khan! Let’s hope so!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Parliament Rightly Makes Triple Talaq Criminal But Bailable Offence

“It is a happy moment for not just me but for Muslim society as a whole. We have been freed of an evil custom. Generations of women have suffered due to instant triple talaq. They have been thrown out of their house overnight and made to go through hell.”

– Shayara Bano who litigated in Apex Court to outlaw it and got it done.

It is a Himalayan blunder that while Hindus were banned from marrying more than one women or men but Muslims were not similarly banned which cannot be justified under any circumstances. Jawaharlal Nehru only thought about welfare and prosperity of Hindus but not of Muslims. The population of Hindus thus got contained due to which they have gained immensely but Muslims suffered terribly as their population swelled as they were permitted to marry upto 4 wives in case of Sunnis and no limit among Shias by virtue of Muta marriage and a large chunk of the population is compelled to live in dire straits!

Similarly Nehru took no other initiative to end other bad practices prevalent among Muslims like triple talaq and nikah halala by which if a husband pronounces triple talaq and he wants to marry her again then the women first has to undergo marriage with some other men then take divorce from him and then marry her former husband! Nothing on earth can be more terrible than this which makes a complete mockery of the dignity and esteem of women in the society! But why blame Nehru alone? No PM till recently ever took any initiative in this regard! Yes, late former PM Rajiv Gandhi wanted to take initiatives with his Union Minister Arif Mohammad Khan advising him but he buckled under pressure from fundamentalists and politicians supporting them within his party who were more in number!

What a crowning irony that now when PM Narendra Modi has taken this great initiative, he is being criticized and castigated by members of the same grand old Congress party! Former Finance Minister and senior BJP leader Arun Jaitley said that the triple talaq bill aimed at banning the practice of instant divorce among Muslims, “exposed those who consider themselves liberals”. He wrote in his tweet that, “A ‘liberal’ should ordinarily be hostile to the idea of discrimination and injustice perpetuated by an oral divorce. In this case, not one spoke in favour of the Bill which is ending the injustice. They raised weak arguments so that the fundamentalists amongst the Muslims are kept happy.”

Without mincing any words, the former Union Law Minister Arun Jaitley rightly said that, “Let us assume the reverse of the present situation. What if such a provision existed in Hindu law? Liberals, leftists, women organizations and perhaps even the judiciary would have been shocked with such a provision and would have attempted either for a repeal of the law or it being declared unconstitutional. These people stand exposed because what they have attempted to raise farcical objections.” He also rightly pointed out that, “While the Constitution has the right to practice and propagate one’s religion as well as an individual’s fundamental rights in the same chapter, there is a need to do a rethink on provisions of personal law which violate fundamental rights.” He then goes on to make a distinction between the rights and rituals in any religion. He wrote that, “Rituals cannot be decided by the law. They remain squarely within the right to practice one’s religion. However, fundamental rights belong to all. One section of the society cannot be denied these rights. What affects the right of a citizen – in this case the Muslim wife, cannot be determined by religion.”

Needless to say, “Triple talaq”, as it’s known, allows a husband to divorce his wife by repeating the word “talaq” (divorce) three times in any form, including email or text message. It has been mostly always misused by men and it is the women who had to bear the maximum brunt because of it. Opposition especially Congress is attributing political motives to Centre ‘s bold moves to ban it and criminalise it even though it is bailable. While rebutting all such charges, Amit Shah who is Union Home Minister rightly points out that, “We need to understand that women who fought a long battle against triple talaq didn’t have any political motive. They were normal women who showed extreme courage to fight against injustices they were subjected to. They were determined to put an end to this practice and finally won the battle in the country’s highest court. By legislating a triple talaq our government has given a statutory backing to their battle. After all, lawmakers and political parties are duty bound to give voice and right direction to such fights. Opposition’s argument questioning the need for law applicable only to Muslim society is also baseless. Independent India has seen enactment of laws aimed at reforming entrenched practices in other communities. Hindu Marriage Act, Christian Marriage Act, and laws to ban child marriage and dowry are examples of such interventions. Those engaging in opportunistic, narrow political arguments refuse to acknowledge these. Those who question making triple talaq a criminal offence conveniently ignore that several other practices related to Hindu society are considered criminal offence and attract severe punishment.” Why no brouhaha is made for them similarly? This leaves us in no doubt that all opposition is because of vote bank politics!

To put things in perspective, it is most heartening to note that “The Muslim Women (Protection of Rights on Marriage) Bill, 2019” better known as the Triple Talaq Bill finally got President Ram Nath Kovind’s assent on August 1, 2019. Hence it has now become a law which shall be binding on Muslims. This is no less than a boon for Muslim women who earlier were subjected to the mercy of the whims and fancies of her husband who could dump her whenever he wanted!

As it turned out, it must be mentioned here that with this assent of President, this historic Bill has replaced the triple talaq ordinance promulgated in February 2019. It was on July 25 that Lok Sabha passed this historic Bill with 303 votes in favour and 82 against. It was on July 30, 2019 that in the 245-member Upper House that is Rajya Sabha voted in favour of the Bill and 84 opposed it while 62 members stayed away by either walking out or abstaining or being absent!

Let me say this on record: It is because of this 62 members of Rajya Sabha who either walked out in the name of formal protest or abstained from voting or remained absent that this historic Bill could see the light of the day! Centre did not have enough members in Rajya Sabha to ensure that it get passed even though it had comfortable majority in Lok Sabha. But these 62 members decided to lend their support indirectly by not voting against the Bill by either remaining absent or staging a walk out or abstained from voting! All Muslim women must remain grateful to these 62 MPs also apart from Centre! There can be no denying or disputing it!

It is most heartening to note that the triple talaq bill has been finally outlawed! But its passage has been far from smooth. The ruling dispensation that is NDA led by Prime Minister Narendra Modi and Union Law Minister Ravi Shankar Prasad showed a steely resolve, firm determination and grit to make sure that women get their basic rights and those men who insult them by resorting to triple talaq are not able to escape the long arms of the law! It took three attempts to make sure that ultimately it becomes a law! Head of IMC (Ittehad Millat Council) – Maulana Tauqeer Raza Khan said that instead of opposing Triple Talaq Bill we should look at it from the viewpoint of a sister and daughter and it will protect them totally from harassment. He also rightly said this work should have been done by us but we didn’t do so Allah made Prime M inister Narendra Modi to do this! He rightly pointed out that, “In Islam triple talaq is criminalized since 1400 years and it was Khalifa-e-Waqt Hazrat Umar Farooq who had done this! The punishment is not as much as the Bani-e-Islam had expressed anger! Even Prophet Mohammad had expressed his anger at it”! Very rightly said!

Kudos to the Centre for taking such a historic initiative! It left no stone unturned to make sure that more and more members from different parties support this historic triple talaq bill to ensure that women don’t keep on suffering endlessly in silence as has been happening since past 72 years! Jawaharlal Nehru had the guts to usher in reforms in Hindu law and Hindu Marriage Act 1955 was passed and he very rightly ensured that Hindus who both male and female could marry as many as they want earlier were restricted to just one and if they violated they could be punished for a term of seven years for which Hindus must always be grateful to him and should salute him as it is because of this that the population has been controlled to a very large extent. But he did not do anything to ensure that polygamy is similarly banned among Muslims also which would have benefited them also and their population could have been brought under control! However, now PM Narendra Modi has done to Muslims what Jawaharlal Nehru could never do to ensure that Muslim women benefits by making sure that triple talaq bill gets passed in Parliament and finally becomes a law.

As things stand, this Triple Talaq Bill has been a bone of contention and a point of friction between the Narendra Modi led NDA government and the Opposition since December 2017, when the government first tabled this historic legislation in the Lok Sabha. The Bill followed a Supreme Court judgment famously known as Shayara Bano case and titled as Shayara Bano Vs Union of India & Ors. It was in this landmark case that the Supreme Court in a 3:2 majority verdict struck down the age-old regressive and abominable practice under which a Muslim man could divorce his wife by uttering the word “talaq” thrice in one sitting and declared it as void and illegal.

Be it noted, minutes after the vote, Prime Minister Narendra Modi tweeted that by abolishing triple talaq, “Parliament corrects a historical wrong done to Muslim women.” As many as eight Congress members were absent during the vote in Rajya Sabha. Janata Dal (U) and the AIADMK walked out. Also absent were high profile Opposition leaders like the NCP’s Sharad Pawar and Praful Patel thus lending their indirect support to this historic Bill!

It must be pointed out here that as many as 22 Muslim countries including Pakistan, Afghanistan and Bangladesh – or their provinces have abolished triple talaq either explicitly or implicitly. The list includes Turkey and Cyprus, which have adopted secular family laws; Tunisia and Algeria and the Malaysian state of Sarawak, which do not recognize a divorce pronounced outside a court of law; and Iran, where triple talaq doesn’t have validity under its Shia law. Instant talaq is also banned in Algeria, Jordon, Egypt, Iraq, Brunei, the UAE, Indonesia, Libya, Sudan, Saudi Arabia, Morocco and Kuwait.

It was way back in 1961 that Pakistan had abolished triple talaq. It also deserves mention that Sri Lanka’s Marriage and Divorce (Muslim) Act, 1951, as amended up to 2006, doesn’t recognize instant divorce. This is because the law requires a husband wishing to divorce his wife to give notice of his intention to a Qazi (Islamic Judge) who should attempt reconciliation between the couples over the next 30 days. It is only then after all this that the husband can give talaq to his wife and that too in the presence of the Qazi and two witnesses. But what we see in India is that triple talaq is given from telephone or even email which is most reprehensible as it degrades and demolishes the unique identity of women and subjects her to the whims and fancies of men alone! Describing the practice of triple talaq as “barbaric and inhuman”, Ravi Shankar Prasad rightly pointed out that nearly 22 countries have regulated triple talaq but gender justice was given a complete go-by in a secular country like India because of blatant vote bank politics.

It cannot be lost on us that Ravi Shankar Prasad who is Union Law Minister while hailing the passage of the Triple Talaq Bill pointed out emphatically that, “Finally, Parliament has passed the Triple Talaq Bill after three attempts. The kind of jubilation it has caused across the country, barring conservative elements, indicates how it is a proud moment for India. Our country is transforming and the women of India feel empowered. Triple talaq has never been sanctioned in Islamic scriptures. During the debate in Parliament, I quoted a very authoritative book on Islamic laws from an eminent jurist, Amir Ali, wherein Prophet Mohammad (PBUH) has been quoted as disapproving of it in the strongest possible terms, and, forcing one of his disciples who had given triple talaq to his wife to accept her again. Despite disapproval from the highest quarters in Islam, and the fact that many Muslim countries following sharia laws also chose to reform it one way or another – including making it penal in many cases – it took more than 70 years in India to not only delegitimise this curse, but also provide for penal consequences. Regrettably, this shows the hold the communal and conservative elements continue to exercise over the country’s polity.”

What’s more, Ravi Shankar Prasad further points out with full zeal that, “Today, I need to salute great women like Shayara Bano and Ishrat Jehan and many others who went to the Supreme Court in 2013 challenging this pernicious practice. When the NDA government came to power in 2014, the Prime Minister boldly directed me to stand firmly with these women and support their cause.” He also lamented that, “After the Supreme Court judgment set aside triple talaq, many of us had thought that now this practice will come to an end. However, it continued unabated, even on the flimsiest of grounds. I had shared before Parliament, a large number of cases that we could gather from the media and other reports, where it was revealed how helpless women (75 percent of the victims are poor) were driven out by uttering “talaq-talaq-talaq”, irrevocably annulling the marriage.”

Let me say this on record: What a complete mockery does this make of women! Should it be allowed to permit under any circumstances? Certainly not. If it was not made a penal offence then certainly it would not serve as a adequate deterrent. The worst sufferers in such case would have been none other than women herself!

It also cannot be lost on us that many opposition parties have opposed this historic Bill on the ground that it criminalizes the triple talaq and this will break marriages more quickly. What they very conveniently forget is that even Hindus earlier could marry as many as they wanted both men and women but it was outlawed and they were made liable to be punished under Section 494 of IPC for imprisonment which may extend to seven years and shall also be liable to fine! Then why so much of brouhaha for a three year bailable jail term for Muslims now?

It is a no brainer that to prevent this and taking on board such valid concerns, Ravi Shankar Prasad points out rightly that, “When we framed the law we took on board some of the legitimate concerns, namely: The FIR must be filed by the victim/wife or her relations, by blood or marriage, to prevent abuse, and, it must be compoundable. The provision of bail was specifically added, but after hearing the wife. Besides, there are provisions for subsistence allowance and custody of minor to the wife. It was a very simple and straight legal framework, and yet, the Congress took a very negative stand that it should not be made penal at all. Therefore, while formally opposing triple talaq Bill, the Congress was insisting upon a law whereby this curse could go unabated for want of any deterrence.” Very rightly said! How can this be permitted?

It would be fair to ask: if the law was not made penal, would it have served its desired purpose of protecting Muslim women from being subjected to arbitrary divorces? It goes without saying that certainly not. It would have been toothless and the offence against women would have continued unabated as rightly pointed out by the Law Minister!

Most importantly, noted Islamic scholar and former Union Minister in late PM Rajiv Gandhi’s Cabinet – Arif Mohammad Khan very rightly sums up by saying that, “This is a very positive step taken by the Government. It has performed its constitutional duty. It was an obligation of the government to ensure that the Supreme Court (SC) judgment is followed in letter and spirit. Unless some penal provision is incorporated or it is made a punishable offence, the law is not respected. The malpractice of triple talaq has its roots in history. In India, the Supreme Court held triple talaq unlawful on two counts. One, it is arbitrary. Second, it is part of the religious law. The aprties defending this malpractice also admitted in their affidavit that it is ‘Haram’ (prohibited), and it is ‘bidat’ (innovative practice), which is not part of the original scheme. They said it is sinful but legally permissible – bad in religion but good in law. On it, the SC judgement said that this is unimaginable that something in a religious law can be ‘bad in religion and good in law’. If something is bad in religion then it must be bad in religious law also.”

While lambasting the Opposition leaders for criticizing it, Arif Mohammad Khan minced no words in saying that, “If the parties like the Congress and AIMIM feel that an act which is “Haram” and sinful is part of the Muslim identity, then I can only feel sorry about it and I would say it is highly insulting to every Muslim.” He also condemned those who say it is an attack on the Muslim identity saying that, “I find this language and these assertions absolutely insulting for the Muslims, because the triple talaq, according to the defenders of the practice also, is prohibited and sinful.

About Nikah Halala, Arif Mohammad Khan said that, “I think Halala is a related issue. Once triple talaq comes to an end, Halala will die its natural death.” About polygamy, he said that, “Though I am not a practicing lawyer, I argued in the SC against triple talaq. And, I intend to do the same, when the polygamy issue is taken up. Based on my studies of the Quran, I am convinced that polygamy is as untenable as triple talaq and has very weak ground. The Quran clearly directs to ‘marry those among you who are single’. When the scripture is saying, ‘marry one who is single’, then why should she marry a man who already has a wife? I am very sure that it will also be outlawed. I am of the opinion that why should the government wait for the SC. The Legislature should initiate the process.”

It must be pointed out that Zakia Soman who is co-founder of Bharatiya Muslim Mahila Andolan has also hailed the outlawing of triple talaq by observing that, “The passage of the Triple Talaq Bill is a welcome development. Although this has been long overdue and Muslim women have been steadfastly demanding it for many years now, this is a historic step forward in the movement for gender justice by ordinary women.”

To conclude, in the 21st century why should women not have the same rights as men? Why should women suffer at the hands of men as he likes, whenever he likes, wherever he like and how he likes without any hindrance whatsoever? Why when polygamy was banned among Hindus in 1955 has it not been banned among Muslims 54 years later in 2019? It is for Centre to answer! Hindus have gained as the population has come under control but Muslims still are suffering because of it not being outlawed. It must take the great initiative in this direction also as rightly pointed out by Arif Mohammad Khan! Let’s hope so!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

National Youth Awards for excellent work and contribution in different fields of development and social service

The
Union Minister for Youth Affairs & Sports (I/C) Shri Kiren Rijiju
here today conferred the National Youth Awards on individuals (aged
between 15-29 years) and organizations for excellent work and
contribution in different fields of development and social service, such
as health, promotion of human rights, active citizenship, community
service etc.
The
objective of the awards given by the Ministry of Youth Affairs and
Sports, Department of Youth Affairs is to motivate young persons to
achieve excellence in the field of national development and social
service, to encourage young people to develop a sense of responsibility
to the community and thus to improve their own personal potential as
good citizens and to give recognition to the outstanding work done by
voluntary organizations working with the youth for national development
including social service.
During
the National Youth Awards Function, Shri Kiren Rijiju also inaugurated a
Photo Exhibition on “China through Eyes of Indian Youth – 2019”. It was
an exhibition of photos taken by youth delegates who participated in
the recent Youth Exchange Program to China.
NYA 2016-17 was conferred upon the following 20 individuals and 3 organizations:
S. No.
Name
State
Individual Category
1.
Rohit Kumar Kashyap
Uttar Pradesh
2.
Vinit Devidas Malpure
Maharashtra
3.
Momota Thounaojam
Manipur
4.
Nitesh Kumar Sahu
Chhattisgarh
5.
Oddiraju Vamshikrishna
Telangana
6.
Prince Singhal
Jharkhand
7.
Apoorv Om
Delhi
8.
A G Padmanaban
Tamil Nadu
9.
Onkar Rajiv Navalihalkar
Maharashtra
10.
Gattem Venkatesh
Andhra Pradesh
11.
Kh Krishna Mohan Singha
Assam
12.
Prudhvi Golla
Andhra Pradesh
13.
Raju Gorai
West Bengal
14.
Rahul Dabur
Haryana
15.
Hansraj Khatawaliya
Rajasthan
16.
Priteesh Kumar
Uttar Pradesh
17.
Mrityunjay Dwivedi
Uttar Pradesh
18.
Mitesh Gajjar
Gujarat
19.
Subrat Kumar Das
Odisha
20.
Manu Kamboj
Rajasthan
Organization Category
1.
Eco-Pro Bahuuddeshiya Sanstha, Chandrapur
Maharashtra
2.
Care and Share Foundation
Manipur
3.
Samutkars Yuva Vikas Navyuvak Mandal
Rajasthan
The
individual award comprises of a medal, a certificate and a cash prize
of Rs. 50,000/-. The award to a youth organisation includes a medal, a
certificate and a cash prize of Rs. 2,00,000/-. In addition, 3 awards
were also conferred to individuals for the Photo Exhibition on “China
through Eyes of Indian Youth – 2019”.
Congratulating
the winners of the awards and greeting everyone on the occasion of the
International Youth Day, Sh Rijiju said that the Ministry is organizing
various programmes to motivate youth, under the guidance of Hon’ble
Prime Minister, Shri Narender Modi ji. The National Youth Awards
Function is one such programme. He stressed that India is a young
country filled with immense potential. The development of the country is
in the hands of youth who can shape its future. If the energy of youth
is channelized in right direction, the progress of country in various
fields can gain momentum, and youth can become prosperous. The Minister
said that the youth are idealistic, aim high and when they achieve their
goals through their efforts, it becomes necessary to grant recognition
to their efforts, which has been attempted through this program. Sh
Rijiju said that the awards give recognition as well as encouragement to
the winners, but at the same time gives them onerous responsibility to
carry forward the good work being done by them. He said that one should
not age in thoughts and action, and should remain young at heart.

Vikram lander will land on Moon as a tribute to Vikram Sarabhai from crores of Indians

The
centenary celebration of the birth anniversary of the founding father
of ISRO – Dr. Vikram Sarabhai kicked off in Ahmedabad today in the
presence of dignitaries from ISRO, Department of Space, Department of
Atomic Energy and members of Sarabhai Family. Prime Minister of India
Shri Narendra Modi addressed the gathering through a video message.

In
his Video message, Shri Narendra Modi said that it will be a tribute to
Dr. Sarabhai from crore of Indians in true sense when ‘Vikram’ lander
will land on Moon. He also said that Vikram Sarabhai’s ideology leads
India to become a powerful country in the field of science and
technology. Shri Modi said Dr. Homi Bhabha’s demise had created a vacuum
in the world of Indian science. At that time, Vikram Sarabhai gave a
new dimension to science with his skills and leadership ability.
Describing Dr. Vikram Sarabhai as a dedicated soldier of Science,
Shri Modi said that he encouraged science as well as India’s culture
and Sanskrit language. He always gave time for the students. Shri Modi
said that Dr. Vikram Sarabhai has left a legacy for us and it is our
responsibility to take this legacy to the people. He also encouraged
school children to participate in the online space quiz launched by
ISRO.
Dr.
K Sivan, Chairman of ISRO, described Dr. Vikram Sarabhai as a great
institution builder. He said that Vikram Sarabhai has made a huge
contribution in the construction of Modern India by establishing
institutions in the fields of Modern Science, Physical Research and
Atomic Energy etc. He said that institutions set up by Vikram Sarabhai
have become the Center of Excellence today. He said that in this sense,
Dr. Vikram Sarabhai is the true Son of India.
During
the inaugural programme, an album on the life story of Dr. Vikram
Sarabhai, a coffee table book on ISRO and commemorative coin from
Department of Atomic Energy were released. ‘Space on Wheels’ an
exhibition inside a bus was also inaugurated on the occasion.
The
yearlong Dr. Vikram Sarabhai Centenary Programme includes exhibitions,
competitions to school children, journalism awards and speeches by
eminent personalities.  The programme will be conducted across 100
selected cities all over India commencing today and ending on August 12,
2020 with the valedictory function at Thiruvananthapuram.
Former
Director of Vikram Sarabhai Space Center Dr. B N Suresh, Former
Director of Space Application Center and a close associate of Dr.
Sarabhai Shri Pramod Kale, Former Chairman of ISRO Dr. Kasturirangan,
Chairman of Atomic Energy Commission Shri K N Vyas, former chairman of
Department of Atomic Energy Shri M R Shrinivasan and Son of Dr. Vikram
Sarabhai Dr. Karthikeya Sarabhai were also present on the occasion.

Development of North East Region is priority of the Government

The
Union Minister of State for Development of North Eastern Region (I/C),
Prime Minister’s Office, Personnel, Public Grievances & Pensions,
Atomic Energy and Space, Dr Jitendra Singh, has said that
the
Government led by the Prime Minister Shri NarendraModi has given a lot
of importance to the development and progress of the North Eastern
Region (NER). He was addressing as the Chief Guest at the “North East
Youth and Students Peace Assembly” organised on the occasion of the
United Nations International Youth Day,here today. The function was
organized by the Youth and Students for Peace-India, an initiative of
the Universal Peace Federation (UPF), and the North East MPs’ Forum.

Dr
Jitendra Singh said that the focus has been on brining the rest of
India closer to North east, as compared to the earlier focus of brining
only North East India closer to the mainstream. This has helped in the
integration and development of this region, he said. He said that the
DoNER Ministry has taken various initiatives for the security of the
students of NER who are studying in Delhi and other parts of the
country. The Minister said that a hostel for the North Eastern girl
students of Bangalore Universitywas inaugurated by the Prime Minister
recently. He also said that the work for building a hostel for North
East students in JNU has started. Another hostel in Rohini is also
coming up for the students studying in institutions affiliated to Delhi
University.
The
DoNERMinister said that more than 70% of the population in India is
below the age of 40 years. They have tremendous power and capacity that
needs to be channelized, he added. This huge youth power has proved to
be a decisive power, he added.He said that due to technology, now the
prospects for the youth have changed and now youth from all backgrounds
are making it to the prestigious exams. He encouraged the youth to
utilise the untapped potential of north east by having the benefit of
Venture funds for start-ups in NE region. The North East has become a
favourite destination for all, he added. He said that NE has unexplored
potential for tourism, handlooms, and other areas, which the youth
should explore. The DoNER Minister said when Government gives impetus to
the Act East policy, it will be the north east region that will be
benefited, due to its proximity to these neighbouring countries. This
will not only enrich NE, but will also enrich whole India, he said.
Dr
Jitendra Singh added that there is much more to learn from North east
youth and they are leading in all spheres of life. Earlier the
connectivity used to be a barrier for development, but now Government’s
focus on rail, road and air connectivity has led to the physical
proximity, which has in return broken the psychological barriers. The
Minister said that Prime Minister has encouraged to give special focus
to the North East region. During the first term of the Government, the
Prime Minister has paid more than 30 visits to the NE region, the
Minister added.
Earlier,
addressing the gathering after inaugurating the function, MoS for Youth
Affairs and Sports (I/C) and Minority Affairs, Shri KirenRijiju said
that it is the role of every individual to contribute to the society and
its well being. It is the responsibility of the whole society to work
together, he emphasized. He said that participation of the youth is very
important for the success of these initiatives. He added that it
doesn’t matter if we belong to different sections of society, we have to
be united and strive for peace. Shri Rijiju said that India must start
sending more volunteers to the United Nations and contribute much more
to the initiatives of UN. He said that Prime Minister Shri NarendraModi
has very focused attention towards youth development. Youth are the most
crucial component of the society, the Minister said. The youth
population is our most important asset and their energies should be
utilised in right direction, he added.