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. #Article 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.

“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.

The
Vice President of India, Shri M. Venkaiah Naidu has advocated the need
to set up Supreme Court benches in different regions in the country,
including one at Chennai, to bring the judicial system closer to
people. 

Concurring
with the recommendation of the Parliamentary Standing Committee on Law
and Justice to have separate benches in different regions, the Vice
President said “I think it is high time we had more benches because in a
country as vast as India the litigants have to travel long distances
and spend a huge amount of money and energy”’.

Shri
Naidu made the observations while addressing the gathering at the
launch of a book chronicling his two years in office titled ‘Listening,
Learning and Leading” by Union Home Minister, Shri Amit Shah, in Chennai
today. 

It
was not only the legislature and the executive that should become more
responsive to people, the judicial processes must become more
people-friendly, the Vice President stressed.

Emphasising
the urgency to decide election petitions and criminal cases against
sitting MPs and MLAs in a time-bound manner, he said, it has been found
that election petitions and criminal cases were not decided even for the
entire term of the legislators defeating the very purpose of the
election laws. 

Calling
for expeditious decisions by the Chairpersons of  Legislative bodies in
cases involving disqualification of members defecting to other parties,
Shri Naidu observed that the anti-defection law was not being
implemented in letter and spirit.

The
Vice President said because of the inaction of the Speaker or Chairman
the legislators not only continue in the new party but also become
Ministers in a few cases. “This kind of travesty of justice should not
be tolerated”, he emphasized and said that delay in such cases would
erode public confidence in the judicial and legislative bodies. 

Suggesting
special judicial tribunals to decide such cases in a reasonable time of
six months or one year, the Vice President called for revisiting the 10th
Schedule of the Constitution, containing anti-defection provisions, to
ensure a time bound disposal of such cases and make it more effective by
plugging loopholes.

Shri
Naidu also referred to the figures mentioned by the Chief Justice of
India recently about heavy pendency of cases in various courts and said
“apparently, there are nearly 60,000 cases pending in the Supreme Court
and nearly 44 lakh cases in the High Courts.  We need to take action to
reduce this heavy pendency. Justice delayed, as is often said, is
justice denied”, he added.

The
Vice President said the law enforcement machinery and the justice
dispensing structures must be accessible, credible, equitable and
transparently even-handed.

Expressing
his happiness over the decision of the government to increase the
number of judges in the Supreme Court by 10 per cent, the Vice President
said that a number of civil and criminal cases have been pending for
over 25 years and wanted the Supreme Court to have two divisions– one
dealing with Constitutional matters and another with appeals.

He
said the proposal for two divisions merits serious consideration
“because it would enable the Supreme Court to devote more time to
Constitutional issues and make it more accessible to common people”.  

Shri
Naidu said the procedure for appointment of judges might also have to
be revisited and a credible, transparent process instituted which will
steer clear of avoidable controversies.

Urging
Parliamentarians to refrain from dysfunctional behaviour, the Vice
President urged political parties to adopt a code of conduct for
legislators and other elected representatives.

Stating
that media – the fourth estate, also plays an important role in shaping
public discourse, enhancing accountability of the government and
providing news and views on various events around the world, he said “a
free and vibrant media keeps democracy alive and can enrich the quality
of life of people through information, education, entertainment and
insightful analysis”.

Cautioning
against unauthentic media posts, he said there was a need for need
media literacy to identify fake news, biased analysis and material
intended to promote hatred, division and discontent.

Shri
Naidu said “the media should be a dispassionate watchdog and an honest
messenger. Media should be the catalyst of positive change and be the
voice of the voiceless. It should question and seek answers and present
even ugly truths in such a manner that social transformation occurs in
positive direction. It should also help build public awareness and
motivate people to join societal movements for cleanliness, health,
hygiene and education.

Referring
to the untapped demographic dividend and the fundamentally sound Indian
economy that was growing faster than the economies of most other
countries, he said the circumstances were excellent to transform our
country and called for focussing on five Ds – ‘Discuss, Debate, Decide,
Decentralize and Deliver. “This can transform the quality of our
polity”, he added.

The
Governor of Tamil Nadu, Shri Banwarilal Purohit, the Union Minister for
Home Affairs, Shri Amit Shah, the Union Minister for Environment,
Forest & Climate Change and Information & Broadcasting, Shri
Prakash Javadekar, the Chief Minister of Tamil Nadu, Shri Edappadi K.
Palaniswami, the Deputy Chief Minister of Tamil Nadu, Shri O.
Panneerselvam, eminent Agricultural Scientist, Prof. M.S. Swaminathan,
former ISRO Chairman, Dr. K. Kasturirangan,  veteran journalist and
Editor of Tughlak, Shri S. Gurumurthy, the Chairman, Apollo Hospitals
Group, Dr. Pratap C. Reddy, Popular Actor, Shri Rajnikanth, the
President, Education Promotion Society of India and Founder Chairman of
VIT, Dr. G. Viswanathan, All India Badminton Coach, Shri Pullela
Gopichand and other dignitaries were present on the occasion.

Following is the text of Vice President’s address:

“I
am extremely happy to be amidst all of you today, especially with Shri
Amti Shah ji, the Hon’ble Home Minister who has so graciously released
this chronicle of my engagements over the last two years as the Vice
President of India.  I am thankful to Shri Prakash Javdekar ji and his
team in the Ministry of Information and Broadcasting for bringing out
such an attractive compilation.  I am happy that Shri Banwarilal Purohit
ji, Hon’ble Governor of Tamil  Nadu,  Shri Edappadi K. Palaniswami,
Hon’ble Chief Minister of Tamil Nadu and Shri O. Panneerselvam, Hon’ble
Deputy Chief Minister of Tamil Nadu are with us for this event today.

I
feel it a privilege to have amidst us on the dais a galaxy of
luminaries, Dr. M.S. Swaminathan ji who ushered in green revolution in
our country, Dr. Kasturirangan ji, former Director of ISRO and the
Chairman of the expert committee that has drafted the New National
Policy on Education, Thiru Gurumurthy ji, editor Tughlak is a leading
journalist and one of the most reputed financial experts, Dr. Prathap C.
Reddy garu, the pioneering founder of India’s first corporate chain of
hospitals, Dr. G. Vishwanathan ji, Founder and Chancellor VIT and Shri
Pullela Gopichand garu, Chief National Coach for the Indian badminton
team. 

I have learnt a lot from each one of these doyens and continue to learn new things whenever I meet and interact with them.

In
fact, the chronicle of events that has just been released has been
aptly titled because it reflects my quest to gather new information and
gain new insights through interaction with a vast cross section of our
population. That’s the quest which has enriched me and been the driving
force behind my over 330 engagements across the country in the last two
years.  That’s the quest which has helped me grow over the years as I
kept meeting thousands of party functionaries and people from different
walks of life in the nook and corners of different States in our
country.

As
I reflect on what I have seen, heard and experienced as well as analyse
the present developments in the country, I am filled with a sense of
buoyant but cautious optimism.  I would like to share these thoughts
with the people of our country. There are so many exciting achievements,
and so many ambitious programmes that are putting our country on a new
and distinctly faster trajectory. The Prime Minister Modi ji’s mantra of
“Reform Perform and Transform” has given a new impetus to
transformational development of our country. These far reaching and path
breaking reforms must be further accelerated. 

The
country’s space programme and the rapid advances made by scientists in
the research labs across the country as well as innovations in
Information Technology are truly remarkable. I have personally seen the
cutting edge research being done by our scientists and I am deeply
impressed by their sense of dedication and professional excellence.

I
am quite confident that the youth which constitutes over two thirds of
our population will shape a new India provided we create the conditions
for their success and growth. This is a huge demographic dividend that
we can hardly ignore.

Dear Sisters and brothers,

As we step into the 73rd
year of independent India in a few days from now, my thoughts go to the
quality of our polity. I think it is a moment for us to ponder on the
current situation of our three state organs – the legislature, the
executive and the judiciary – and see how we can further strengthen
these three pillars.

The
State legislatures and the Parliament have an important policy making
role.  They are supposed to make legislations for the betterment of the
country and the people, take up and deliberate on issues of public
importance and ensure the accountability of the government of the day.
While some legislative bodies are functioning well, in many of them
there is certainly considerable room for improvement. 

There
is a general perception that the quality of debates has been declining.
Disruptions have become a more common occurrence then before. Acrimony
and emotional outbursts have tended to dominate the proceedings. 

I
have been urging the Parliamentarians to refrain from such
dysfunctional behaviour. I have constantly reminded them of their
onerous responsibility and unique opportunity to shape public discourse.
I hope that all political parties will adopt a code of conduct for
their legislators and contribute to policy making through informed
decisions. 

As
I have repeatedly emphasized in my public speeches, I would like
legislators across the country to “discuss, debate and decide” not
‘disrupt’.

We
need legislators who are well informed and well intentioned and capable
of articulating a well presented viewpoint, not those who are eager to
rush to the well of the House.

We
need legislators who realize the dreams of our Constitution makers
through enlightened debates and forward looking legislations.

Dear sisters and brothers,

Making laws is only a part of the story. Implementing them is a more crucial aspect of governance. 

Designing
programmes, funding them, monitoring their implementation and
evaluating their outcomes is the crux of good governance. 

There
should be no gap between policy intent and policy implementation.  The
intended benefits of a programme must reach the people in time.  The
quality of service delivery is an area that needs more attention than
what is being done today. 

How effectively are we able to deliver public services like water, sanitation, power, housing, transport, education, health? 

How effectively are we able to provide support to farmers, youth, traders, entrepreneurs and industrialists?

How
efficiently are we building durable, world class infrastructure like
road, rail and air connectivity and an eco-system for growth and
development? 

How swiftly and sustainably are we creating conditions for inclusive growth and empowerment of people?

We
have to constantly reflect on these questions and find answers through
honest evaluation.  We have to act promptly and make our delivery
systems work better.  While a lot of improvement has been made over the
years, service delivery remains very often the big missing link in
certain areas. 

We
must ensure that the fruits of democratic governance reach everyone,
especially the ones who are at the farthest end of the development
spectrum. 

Results based management should become the norm.

I am glad that the reforms initiated by Prime Minister Modiji are a major step in this direction.

Dear sisters and brothers,

This
focus on people and their active participation in national development
is the essential foundation of a well functioning democracy like ours. 
Programmes tend to succeed when people get enthused and participate in
the implementation of programmes.  I strongly believe that
decentralization of powers and responsibility to local bodies needs to
be more efficiently implemented as per the Constitutional provisions. 
Funds, functions and functionaries must be transferred to these
institutions.  This will bring governance closer to people and enhance
its credibility and effectiveness.

Sisters and brothers,

It
is not only the legislature and the executive that should become more
responsive to people.  The judicial processes must become more
people-friendly.  The law enforcement machinery and the justice
dispensing structures must be accessible, credible, equitable and
transparently even-handed.  There is a lot of ground we have to cover in
this regard. 

The
Chief Justice of India has recently talked about heavy pendency of
cases in various courts.  Apparently, there are nearly 60,000 cases
pending in the Supreme Court and nearly 44 lakh cases in the High
Courts.  We need to take action to reduce this heavy pendency.  Justice
delayed, as is often said, is justice denied.

Based
on my personal interaction with retired judges and senior advocates, I
would like to suggest certain measures to streamline and make justice
delivery more effective.

I
have been emphasising the urgency to decide certain category of cases
that are time bound like the election petitions and criminal cases
against sitting MPs and MLAs.

It
has been found that election petitions, criminal cases and
disqualification proceedings under anti-defection law are not decided
even for the entire term of the legislators defeating the very purpose
of these laws. 

In
cases involving disqualification of member of legislature who change
parties, the chairperson of the legislative bodies must expeditiously
take a decision. Here also, the anti-defection law is not implemented in
letter and spirit and because of the inaction of the Speaker or
Chairman, the legislators continue in the new party and, in a few cases,
even become ministers in the government. This kind of travesty of
justice should not be tolerated.

Any delays in these cases erode public confidence in the judicial and legislative bodies. 

I
would suggest that we should have special judicial tribunals which will
decide the cases within a reasonable time of, let us say six months or
at the most one year. I would also suggest we revisit the 10th
Schedule of our Constitution, containing anti-defection provisions, to
ensure a time bound disposal of such cases and make it more effective by
plugging loopholes.

We
need to bring the judicial system closer to people.  Expanding the
Supreme Court bench and having separate benches in different regions and
at least one in Chennai on trial basis has been suggested by the
Parliamentary Standing Committee on Law and Justice. I tend to agree
with this recommendation. I think it is high time we had more benches
because in a country as vast as India the litigants have to travel long
distances and spend a huge amount of money and energy. 

It
is heartening that the government has enhanced the number of judges in
the Supreme Court by 10% but I am afraid it may be still inadequate. 

A
number of civil and criminal cases have been pending for over 25
years.  This makes me think that we need to not only expand the Supreme
Court but also divide the work into Constitutional Division and a number
of legal divisions or Courts of Appeal. As the Law Commission has
suggested, I would like the Supreme Court to have two divisions’ one
dealing with Constitutional matters and another with appeals. This
suggestion merits serious consideration and decision by the Supreme
Court as well as the government because it would enable the Supreme
Court to devote more time to Constitutional issues and make it more
accessible to common people.

The
suggestions of the Chief Justice of India to raise the retirement age
of high court judges and make tenure appointments to clear the backlog
seem to be pragmatic solutions in the current context.

The
procedure for appointment of judges may also have to be revisited and a
credible, transparent process instituted which will steer clear of
avoidable controversies. While the Judiciary didn’t quite approve of the
National Judicial Commission passed by the parliament and the system of
collegium has not been without certain drawbacks, the appointment of
Judges needs to be done through a process which inspires confidence and
credibility.  The procedures must be simplified and the proceedings
should be, by and large, conducted in the language understood by common
people in a particular state.

What is required is “de-mystification” of processes.

Legal literacy and legal aid will bridge the current gap between the judicial system and people.

It
is generally noticed that an efficient, transparent, accessible and
affordable judicial system is a key touchstone of good governance which
can improve ease of business as well as ease of living.

Dear sisters and brothers,

In
addition to the three pillars of our polity, we also have the fourth
estate, the media, which plays an important role in shaping public
discourse, enhancing accountability of the government and providing news
and views on various events around the world.  A free and vibrant media
keeps democracy alive and can enrich the quality of life of people
through information, education, entertainment and insightful analysis.

The
technological advances in recent years have brought in unprecedented
changes in the media landscape. Social media along with the traditional
press and the TV are having a profound influence on our lives and
lifestyles, on our work and relationships.
Like everything else in life, this transformation has the good, bad and the ugly side to it. 

What
we need to guard against today is to take all media posts as authentic.
We need media literacy and an ability to identify the fake news, biased
analysis and material that is intended to promote hatred, division and
discontent.

The
media should be a dispassionate watchdog, an honest messenger, a
friendly adviser and a wholesome entertainer.  This is the ideal we must
aim to achieve. Media should also like other organs of governance be
more accountable for the authenticity and objectivity of the content.  

Media
should be the catalyst of positive change and be the voice of the
voiceless. It should combine information with confirmation that is
considered to be more powerful than ammunition. It should question and
seek answers and present even ugly truths in such a manner that social
transformation occurs in positive direction. It should help build public
awareness and motivate people to join societal movements for
cleanliness, health, hygiene and education.

Dear sisters and brothers,

I
have dwelt at length on the foundations of our governance system. We
are proud inheritors of an ancient civilization that had an excellent
governance system based on sound theoretical and philosophic basis. 

We
have rebuilt this edifice on new, solid foundation in 1947. We have
struggled hard through 72 years to shape India as a vibrant democracy. 
We have done reasonably well. 

But
this is not a moment to be complacent, to be smug and rest on past or
present laurels.  We must constantly strive to be better than the best.

As the ancient sages had exhorted us, charaiveti, charaiveti. We must move on and move forward. 

We should focus on the five ‘D’s I have already mentioned:

‘Discuss, Debate, Decide, Decentralize and Deliver’.  This can transform the quality of our polity.

And
we have an excellent set of circumstances to transform our country. We
are a young, aspirational India. An untapped demographic dividend, a
fundamentally sound economy that is growing faster than most of the
other countries, a pool of front ranking individuals and a strong
leadership at all levels. 

If we can combine our collective competence for common good, we can easily achieve the mission we have set for ourselves. 

We
can not only be a 5 trillion dollar economy but also a more vibrant
democracy based on our civilizational values of tolerance, inclusion and
harmony.

We should tap into our enormous resources both human and material. 

We should incorporate values and ethics into the education system.

We
should preserve the best aspects of our rich cultural heritage and
propagate it. India has a rich linguistic diversity and literary
heritage. I have been repeatedly suggesting that children should have an
opportunity to study in their mother tongue at least up to the primary
stage. This will enable Indian languages to be preserved and children
will strengthen their foundational and cognitive abilities.

As
we shape our future, we must certainly focus on making agriculture more
remunerative and sustainable. The central and state governments must
work together to provide inputs, implements, insurance, credit,
warehousing and marketing in an integrated manner. Diversification of
crops, supplementation of farmers’ incomes through activities like
dairy, poultry, agro forestry and aquaculture as well as value addition
through food processing will address the twin issues of ensuring home
grown food security and hidden hunger.

Dear sisters and brothers,

We
should keep our feet and ears to the ground, listen to different voices
and various ideas and learn from the best practices from across the
globe.

I
am happy that I have had the privilege of listening to and learning
from a number of eminent persons as well as youth and farmers,
scientists and artists, leaders from around the world. 

This book, launched today, captures some glimpses of this journey. 

I
am happy to be a co-seafarer in this voyage with all my fellow citizens
as we sail through known and unknown seas and constantly unveil a new,
resurgent, resilient, inclusive and harmonious India.

Let us all work towards a bright future that beckons us.

Jai Hind!“