Category Archives: Guest Post

Fundamental Duties Most Unfortunately Has Become A Forgotten Chapter Of The Constitution

“The source of right is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed we run after rights, they will escape us like will of the wisp, the more we pursue them, the further they will fly. I learned from my illiterate but wise mother that all rights to be deserved and preserved come from duty well done. Thus the very right to live accrues to us only when we do the duty of citizenship of the world. From this one fundamental statement, perhaps it is easy though to define duties of man and woman and correlate every right to some corresponding duty to be first performed. Every other right can be shown to be usurpation hardly worth fighting for.”

fundamental rights

                                                              –         Mahatma Gandhi when requested to give his thoughts on the Universal Declaration of Human Rights

                                                            At the very outset, let me begin by  saying that it grievously hurts me to painfully note that fundamental duties has more or less most unfortunately become a forgotten chapter of our Constitution. This most definitely should never have happened but we all have been watching this happening right before our own eyes. Communal riots breaking out on very small petty issues in which many people lose their precious lives, many children become orphan and homeless as their houses are burnt are all most painful reminders that fundamental duties have become more or less a forgotten chapter of our Constitution! Nothing on earth can be more unfortunate than this!

                                                     To say the least, burning of Indian flags, waving of Pakistani flags, ranting anti-India slogans and doing many other such anti-national acts cannot be justified under any circumstances. It is the fundamental duty of each and every citizen of India to desist from all such anti-national acts. Only then are we true citizens of India!

                                                      Needless to say, there can be no chapter in Constitution which is as important as the one on fundamental duties yet it has been mostly ignored. How often do we read articles on Constitution pertaining to fundamental duties? The obvious answer is once in a blue moon. This despite the fact that fundamental duties are most important as I have already noted above. No less than an eminent legal luminary of the stature of former Chief Justice of India – Justice RC Lahoti while delivering a guest lecture in memory of Justice KT Desai on 15 July, 2014 at Central Court Room in Bombay High Court, Mumbai on ‘Fundamental Duties – A Forgotten Chapter of the Constitution’ had himself most gracefully observed that, “I could not have chosen a subject better than the Fundamental Duties; more so, when as a student of Constitution I find that in the judicial circles and amongst the citizens, a significant provision like Article 51A is found to be conspicuous more by its absence. It is a beautifully well drafted piece of Constitutional enactment. Every word is so well chosen and placed as if a gem studded in necklace! To me, these 10 duties sound like incantations of some holy book.”

                                                     Having said this, I must now bring out here that Part IVA, Article 51A, providing for ten fundamental duties, was introduced in the Constitution not in 1950 when it was originally prepared but by the 42nd Amendment to the Constitution in 1976. Let us all read the basic text of this all important Article 51A, as enacted by 42nd Amendment pertaining to fundamental duties. It runs as follows : –

51A. Fundamental duties – It shall be the duty of every citizen of India:

(a)           to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c)            to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e)           to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f)             to value and preserve the rich heritage of our composite culture;

(g)           to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i)              to safeguard public property and to abjure violence;

(j)              to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k)          who is a parent or guardian to provide opportunities for education to his child, or as the case may be, ward between the age of six and fourteen years.

                                                             No doubt, it is pertinent to mention here that it was in 2002 and by the 86th Amendment to the Constitution that one more fundamental duty was added as clause (k) in Article 51A and very rightly so. The basic education of children is most imperative and must always be provided to children between the age of 6 to 14 as very rightly provided in clause (k). There can be no two opinions on this.

                                            A moot question arises here : Why it never occurred to the founding fathers of our Constitution of the dire need to include fundamental duties also in it? Most certainly, this was because the founding fathers had unflinching faith in all Indians that they would themselves voluntarily do their fundamental duties on their own without their mentioning it specifically in the Constitution. They were not wrong in doing so. It is the people themselves who have not risen to the occasion and abdicated from discharging their fundamental duties due to which it had to be specifically inserted in the Constitution in 1976 by the 42nd Amendment.

                                            All said and done, we must also not forget here that there some provisions which are implicit like all the fundamental rights have corresponding duties also like Article 17 implies a duty not to practice untouchability and same goes the case with other fundamental right. Similarly Article 14 which deals with right to equality also implies a duty to treat all others equally. What is most hurting to note is that while most of us always remember by heart our fundamental rights, we very rarely bother about fundamental duties which are equally as important rather more important but whom we very conveniently ignore blithely for preserving our own vested interest! This is the most sad part which is just not done!

                                            What most of us tend to ignore is that our rich Indian culture never believed in duties being imposed on us as our forefathers always believed in sacrifice and this alone explains that why fundamental duties and directive principles of state policy are not binding on citizens and no penalty is imposed on anyone for not performing them. We must be always grateful to the founding fathers of our Constitution for this but we hardly care for it! Here is where we have gone grievously wrong which we must be honest enough to at least admit.

                                           Truth be told, it is most unfortunate to note that the chapter on fundamental duties even after being inserted has been most blatantly disregarded and very conveniently overlooked everywhere. This alone explains why the former CJI – Justice RC Lahoti had to observe most painfully that, “The chapter on fundamental duties, inspite of having been introduced in the Constitution, is more neglected than noticed. I have not come across any textbook of schools incorporating the text of fundamental duties much less any discussion thereon. The commentaries on Indian Constitution which I have come across, do not deal with this chapter with any emphasis. Eminent jurists writing commentaries on Constitution have not written much on fundamental duties. The apex court of the country and the High Courts have also not much utilized the Article 51A while dealing with other constitutional provisions.”

                                           Truly speaking, HM Seervai who is one of the most eminent legal luminary and jurist that India has ever produced in his monumental work on Constitutional law of India has written just a para on fundamental duties which I feel it obligatory to mention here. I must go on to say here that two notable observations made by the eminent jurist Seervai deserves to be quoted here. He says most eloquently that, “[Article 51A] has been enacted under the mistaken belief that if Articles 14 to 32 confer fundamental rights on citizens, and Articles 38 to 51 impose ‘duties’ on the State, fundamental duties ought to be imposed on citizens…. If the directive principles are violated or ignored nothing happens; equally if fundamental duties are disregarded nothing happens. It is unnecessary to deal with Article 51A beyond saying that they are innocuous”. What Seervai has observed can under no circumstances be ignored. Centre must ponder most seriously on this and do what is best suited to meet the present circumstances. The eminent legal luminary Seervai further goes on to say that clauses (b) and (j) must appear ludicrous to people outside India and even to people within India.

                                                    Having said this, now let me turn my attention on how fundamental duties came into existence. It was during the term of former PM late Mrs Indira Gandhi that it was decided that certain fundamental duties must be incorporated in the Constitution so that all citizens remain conscious of it and not think that they have no duty at all to perform. On February 26, 1976 the All India Congress Committee appointed Swaran Singh Committee to suggest certain changes in the Constitution to meet the changed circumstances. Swaran Singh Committee consisted of 12 members with former External Affairs Minister, Sardar Swaran Singh as its Chairman and Congress Secretary, AR Antulay, MP, as its Secretary.

                                                      While craving for my esteemed readers exclusive indulgence, let me point out here that it is interesting to note here that the Swaran Committee said nothing about the fundamental duties but in its supplementary report, it listed the fundamental duties, which had to be incorporated as a separate chapter in the Constitution. This Committee also laid special emphasis on the dire need of making people more aware of the duties they must perform along with enjoying rights. This is how fundamental duties were inserted in our Constitution.

                                                  For my esteemed readers exclusive benefit, I must mention here that actually the Swaran Committee had recommended only 8 fundamental duties but the Congress government in Centre headed by late Mrs Indira Gandhi decided to include 10 duties as fundamental duties. I must also mention here that some suggestions made by Swaran Committee were not accepted by Centre. As for instance, it was suggested by the Committee that there should be a penalty or punishment for non-compliance of the fundamental duties but these were not accepted. The other suggestions made but not accepted were : –

  1. PK Deo (Kalahandi) suggested that, “Every young person, before graduation in any University or before being eligible for any employment in any service, shall serve in the Territorial Army or work in any factory, or farm, or irrigation project, at least for one year”.
  2. Smt Maya Ray made a notable suggestion that payment of taxes be included as one of the fundamental duties.
  3. Bibhuti Mishra suggested, “To observe celibacy in the interest of family planning and to abstain from excessive consumption of alcohol”. He had also suggested Article 51B and Article 51C being included in the Amendment, as under –

“51B Special duty of holders of public offices – It shall be the special duty of every member of the Council of Ministers either of the Union or of the States, and every person holding an office under the Government or every member or office bearer of any public institution to protect and safeguard interests of the country and abstain from doing anything which jeopardises or is likely to jeopardise the economic, social or political interests of the country in any manner whatsoever.”

“51C – It shall be the duty of every member of the Council of Ministers and every officer of the Government responsible for taking decisions in matters relating to policy of the Government or internal administration of the Government or Departments to abstain from consuming alcohol in any public place whether called as such or private.”

  1. Sardar Swaran Singh Sokhi suggested, “To have ceiling on expenditure and to have compassion for living creatures”.
  2. Dr Karan Singh suggested, “A duty to sustain the unity and integrity of the nation.”; “A duty to act in accordance with the Constitution and laws of the land.” and “A duty to perform public duties and safeguard public property.”
  3. Kartik Oraon suggested, “A duty to undergo compulsory military training for two years at the age of eighteen or on completion of education”.
  4. Jambuwant Dhote suggested, “A duty to use swadeshi and indigenously manufactured goods only.”; “A duty to undergo military training in the armed forces for one year in case of a student/youth who attains the age of seventeen years.”; “A duty to learn how to read, write and speak ‘Hindustani language’.”; “A duty not to have either in cash or in a bank (Indian or foreign) an amount exceeding Rs 25,000.”; “A duty not to keep cash, jewellery, gold, silver, diamonds, pearls, jewels etc., in safe deposit vault either in his name or in the name of a member of his family.”; “A duty not to keep gold exceeding ten tolas in the form of ornaments or in any other form in case of a female and not to wear any ornaments made of gold in case of a male.”; “A duty to surrender to the Government cash, gold and jewellery in excess of the ceilings.”; “A duty to transfer immovable property exceeding the ceiling to the Government through a testament or any other instrument.”; “A duty to abjure vice.”; and “A duty to consider his foremost duty to build a clean, perfect and ideal character while translating into practice the aforesaid ten duties of a citizen and family.”
  5. Priya Ranjan Das Munshi suggested, “A duty to get pass marks in the history of national struggle for independence in respective stages and volumes as specified by the legislation or guidelines of the Education Ministry, in all academic examinations and in all faculties from minor to graduate degree and in all competitive examinations like PSC, UPSC and IAS.”; “A duty to set compulsory military training in school and college level for able young men.”; “A duty to get compulsory physical culture and sports in all spheres of the youth and students”.
  6. Dr Paras Diwan suggested, “A duty to work.”; “A duty to pay taxes.”; “A duty to maintain discipline at work and public order.”; “A duty to participate in public life.”; “A duty not to spread hatred, contempt or provoke strife on account of national, regional, lingual, racial and religious differences.”; “A duty to be vigilant against the enemies of the state.”; “A duty to discharge any public or social office vested in him conscientiously.”; and “A duty to receive education”.

                                                 As it turned out, it was on 1-9-1976 that finally the 42nd Amendment was introduced in the Parliament as Constitution 44th Amendment Bill by HR Gokhale who was the then Law Minister. The debate on the Bill which included Article 51A was a long debate and the motion was adopted with certain amendments on November 2, 1976. The reason why I mentioned above even those suggestions which were not accepted is that most of these suggestions are really laudable and we all must try and do our best to follow them to the best of our ability keeping our national interests above everything else.

                                            As things stand, there are many like me who very strongly feel that fundamental duties are mere “show pieces” or you may say more directly – “dead letters”. This is so because they are neither justiciable nor judicially enforceable unlike fundamental rights. There is no direct or even indirect provision in our Constitution or any other law for the time being in force in our country by which we can get fundamental duties enforced. There must be some penalty or punishment to ensure that fundamental duties are properly enforced.

                                                    Needless to say, this alone explains why most of the citizens care the least to ensure that they are discharging their fundamental duties properly! This alone explains why it was a “grave mistake” on the part of the Congress government led by Mrs Indira Gandhi to not accept the landmark suggestion of imposing penalty or punishment for non-compliance of fundamental duties! Under the Constitution of Greece and Cyprus, there is a fundamental duty, cast upon the citizens to exercise his right of franchise, founded on the doctrine of compulsory voting. A failure to exercise the right to vote is an offence punishable under the law.

                                             Let me bring out here that the American Constitution does not enumerate any fundamental duties of an individual and the UK does not have any written Constitution. But in general, the common law duties of a citizen are the same in USA and UK and they are as follows : –

  1. Allegiance to the State,
  2. To disclose any treason or felony of which he has the knowledge, and
  3. To assist in the detection and suppression of a crime.

There are more than 35 nations whose Constitution contain specific provisions on fundamental duties. Chapter II of the Chinese Constitution of 1982 clubs “fundamental rights and duties” of citizens together. It merits attention to note here that Article 33(3) makes the performance of the duties an enabling condition for enjoyment of the rights. It would be worth recalling here some of the duties enjoined by Chinese Constitution and they are as follows : –

  1. Duty towards motherland – to safeguard the security, honour and interest of the motherland; to defend the motherland and resist aggression; to maintain national unity and integrity,
  2. To abide by the Constitution;
  3. To protect public property;
  4. To respect social ethics;
  5. To pay taxes; and
  6. To work etc.

                                       Let me also bring out here that the 1977 Constitution of the erstwhile USSR  too places rights and duties on the same footing and this is best evident by Article 59 which says that, “Citizens exercise of their rights and freedoms is inseparable from the performance of their duties and obligations.” Article 61 lays down that every citizen of the USSR is obliged to preserve and protect socialist property. Persons encroaching in any way on socialist property shall be punished by law.

                                              Going forward, the Yugoslavian Constitution of 1963 also assigns a high priority to the duties of citizen. Article 32 states that, “The freedom and rights shall be achieved in solidarity among the people by the fulfillment of their duties towards each other”. Article 36 says that, “The right to work and the freedom to work are guaranteed and whoever will not work, though he is fit to do so, shall not enjoy the rights and the social protection that man enjoys on the basis of work”. Article 61 further envisages that, “Every citizen shall conscientiously discharge any public or social office vested in him and shall be personally accountable for discharging it”.

                                                  To put things in perspective, Chapter III of the Japanese Constitution, 1946, is titled “Rights and Duties of the People” which clearly indicates that rights and duties are clubbed together and not separately thus clearly conveying that duties are as important as rights. Under Article 26, the parents have the obligation to send the children to receive the compulsory free education provided by the State and under Article 27, all people shall have the obligation to work.

                                          There can be no gainsaying the indisputable fact that Justice JS Verma, former CJI, has emphasized that discourse on fundamental rights and fundamental duties cannot be divorced from each other or else we do a dis-service to both. Eminent legal jurist DD Basu says that the fundamental duties can monitor fundamental rights. For instance, a person who burns the Constitution, in violation of the duty in Article 51A(a), cannot assert that the meeting or assembly at which it was burnt, by way of demonstration against the government, should be protected by the freedom of expression or assembly guaranteed by Article 19.

                                     Be it noted, it was as early as in 1969 that the Supreme Court of India in Chandra Bhavan Boarding and Lodging, Bangalore v The State of Mysore, (1969) 3 SCC 84 had stated most categorically that, “It is a fallacy to think that under our Constitution there are only rights and no duties. While rights conferred under Part III are fundamental, the directives given under Part IV are fundamental in the governance of the country. We see no conflict on the whole between the provisions contained in Part III and Part IV. They are complimentary and supplementary to each other. The provisions of Part IV enable the legislatures and the government to impose various duties on the citizens. The provisions therein, are deliberately made elastic because the duties to be imposed on the citizens depend on the extent to which the directive principles are implemented. The mandate of the Constitution is to build a welfare society in which justice – social, economic and political, shall inform all institutions of our national life. The hopes and aspirations aroused by the Constitution will be belied if the minimum needs of the lowest of our citizens are not met.” In this case, the court also held that freedom of trade does not mean freedom to exploit, nor do the provisions of the Constitution act as barriers to progress. They provide a balance for orderly progress towards the social order contemplated by the Preamble of the Constitution. Workers were held entitled to minimum rates of wages. In Municipal Council, Ratlam v Vardhichand, (1980) 4 SCC 162, the Supreme Court ruled that paucity of funds shall not be a defence to not carry out the basic duties by the local authorities.

                                                Let me also mention here that in Rural Litigation and Entitlement Kendra, Dehradun v State of Uttar Pradesh, (1985) 2 SCC 431, a Bench of Chief Justice PN Bhagwati and Justice Ranganath Mishra in order to prevent imbalance in ecology and hazard to healthy environment being created due to working of lime-stone quarries, directed the cancellation of the leases which resulted in permanent closure of lime-stone quarries. These directions were issued in face of the fundamental right to trade and business and the right to earn livelihood assigning paramount significance to fundamental duties and rather placing the fundamental duties, owing to people at  large, above the fundamental right of a few individuals. The court held that such closure would undoubtedly cause hardship, “but it is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment”. Similarly in Rural Litigation and Entitlement Kendra v State of Uttar Pradesh, 1986(Supp) SCC 517, it was held by Apex Court that, “Preservation of the environment and keeping the ecological balance unaffected is a task which not only governments but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51A(g) of the Constitution.”

                                        It must be added here that in Shri Sachidanand Pandey  v State of West Bengal, (1987)2 SCC 295, the Apex Court held that whenever a problem of ecology is brought before the court, the court is bound to bear in mind Article 48A of the Constitution and Article 51A(g) which proclaims the fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Policy decisions taken by State are not ordinarily to be interfered with by the courts. But if it is the question of giving effect to the directive principle and the fundamental duty, the court is not to shrug its shoulders and say that priorities are a matter of policy not to be touched by the court; the court may always give necessary directions.

                                  It must also be added here that in MC Mehta v Union of India, (1988) 1 SCC 471, Article 51A, enacting fundamental duties of citizens, was read as casting duties on the government and for issuing certain directions consistently with Article 51A. The directions to be issued by government were –

  1. The Central Government shall direct to the educational institutions throughout India to teach at least for one hour in a week, lessons relating to protection and the improvement of the natural environment including forests, lakes, rivers and wild life in the first ten classes;
  2. The Central Government shall get text books written for the said purpose and distribute them to the educational institutions free of cost;
  3. The children shall be taught about the need for maintaining cleanliness, commencing with the cleanliness of the house, both inside and the outside and with the street in which they live;
  4. The Central Government shall consider training of teachers who teach this subject by the introduction of short-term courses for such training;
  5. The Central Government, the Governments of the States and all the Union Territories shall consider desirability of organizing “Keep the city/town/village clean” week;
  6. To create a national awareness of the problems faced by the people by the appalling all-round deterioration of the environment.

On this, the former CJI, Justice RC Lahoti rightly said that, “The logic behind the approach adopted by the Supreme Court seems to be that if Constitution ordains the citizens to perform certain duties then the State is equally ordained to perform all such functions as would enable the citizens to perform their duties.

                                               Also, let me hasten to add here that in Vellore Citizens’ Welfare Forum v Union of India, (1996) 5 SCC 647 and MC Mehta v Union of India, (1997) 3 SCC 715, the Supreme Court recognized ‘The Precautionary Principle’ and ‘The Polluter Pays Principle’ as essential features of ‘sustainable development’ and part of the environmental law of the country. It is worth mentioning here that Article 21, directive principles and fundamental duty clause (g) of Article 51A were relied on by the Supreme Court for spelling out a clear mandate to the State to protect and improve the environment and to safeguard the forests and wild life of the country. The Apex Court held it mandatory for the State Government to anticipate, prevent and attack the causes of environmental degradation. In AIIMS Students Union v AIIMS, (2002) 1 SCC 428, while striking down the institutional reservation in AIIMS as violative of Article 14, the Supreme Court has drawn liberal support and backing of the fundamental duties, giving them paramountcy of consideration with other provisions of Constitution to test the Constitutional validity of such reservation in AIIMS.

                                       Having said this, let me reiterate here that just a few landmark Apex Court rulings even though laudable are woefully inadequate to deal with the endless number of cases of fundamental duties being thrown to the garbage! There are some more rulings which I have not mentioned but they are simply not enough.

                                                      Let me be direct in asking: Why can’t we fulfill our fundamental duties? Why can’t we be loyal to the nation? Why can’t we perform our fundamental duties with the same passion with which we claim time and again our fundamental rights? Why can’t we respect our national song, national anthem, national flag and everything else which is associated directly or indirectly with our nation’s pride? Why can’t we refrain from all such acts which directly or indirectly are inimical to the long term interests of our great nation? How can we claim to be Indians if we don’t perform our fundamental duties and just keep waxing eloquent on fundamental rights alone? There are many more such thought provoking questions which we must ponder over and answer honestly so that there is no fog of doubt left in our mind whatsoever of any kind!

                                                        No prizes for guessing that it is high time and now India too must seriously ponder over the dire need of clubbing duties and rights together so that duties are accorded the same high position as that of rights and to enjoy rights it must be obligatory that citizens discharge responsibly some duties also and not just keep enjoying fundamental rights and keep moving courts for enforcement of fundamental rights as we have been seeing happening in our country since independence till now! Also, it must be obligatory to render some basic fundamental duties and those not doing must be made to face punishment or penalty or both! Those who indulge in blatant anti-national acts by ranting anti-Indian slogans, burning national flag or any other similar act and abdicate their fundamental duty of respecting our national flag, national anthem, national song and unity and integrity of India have no right to claim fundamental rights and they have no right to claim Indian citizenship!

                                                      On a concluding note, let me say this most politely but at the same time most firmly: You cannot have it both ways! This is what most unfortunately is not being conveyed by Government to all such people who wantonly indulge in anti-national acts and yet are not ready to abdicate their fundamental rights and privileges associated with Indian citizenship! Fundamental duties most unfortunately has become a forgotten chapter of the Constitution. This must change now for the better and we all must fulfill our fundamental duties if we earnestly love our motherland otherwise we have just no right to stay in India or just keep claiming fundamental rights without performing any of the fundamental duties enshrined in our Constitution! The biggest tribute that we can pay to the founding fathers of our Constitution is to perform our fundamental duties with the same diligence with which we claim relentlessly our fundamental rights!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

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SC Rightly Annuls Unconstitutional And Arbitrary Instant Divorce

Let me begin at the very beginning by pointing out that in a landmark judgment, the Supreme Court on August 22 rightly annulled the 1,400 year old reprehensible practice of instant triple talaq (talaq-e-biddat) among Muslims terming it unconstitutional and sending out a strong message that religious practices which are arbitrary and discriminatory have no place in a constitutional democracy. A historic 3:2 majority judgment by a multi-faith Constitution Bench set aside instant talaq as a “manifestly arbitrary” practice not protected by Article 25 (freedom of religion) of the Constitution. The triumvirate of Justices Kurian Joseph, UU Lalit and Rohinton F Nariman overwhelmed the minority verdict pronounced by Chief Justice of India JS Khehar and endorsed by Justice S Abdul Nazeer who is the juniormost Judge on the Bench.

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                                     Be it noted, in talaq-e-biddat, divorce becomes immediately effective. Unlike the other two categories, it is irrevocable from the moment it is pronounced. In talaq-e-ahsan, the husband pronounces talaq once followed by abstinence or ‘iddat’ of 90 days or 3 menstrual cycles. If couple resumes intimacy in ‘iddat’ period, talaq is revoked, else it is final.

                                          To put things in perspective, in talaq-e-hasan, husband pronounces talaq 3 times over 3 months with ‘iddat’ of one month each. If intimacy is resumed in ‘iddat’, talaq is considered revoked. If it is not, the divorce becomes binding after third talaq. Supreme Court has declared illegal only “talaq-e-biddat” and Muslim men can still divorce their wives by “talaq-e-ahsan” and “talaq-e-hasan”.

                                   All credit to Shayara Bano – the 35-year-old Muslim woman from a remote hamlet – Hempur Daya in Kashipur in Uttarakhand. She was arbitrarily divorced in a letter by her husband in 2015 that contained the letter “talaq” thrice” and her husband also refused to give her two kids! She strongly stood up against fundamentalists, clerics and the glare of media and reiterated her firm determination to root out this regressive malpractice by filing PIL in Supreme Court on February 23, 2016. Now she stands totally vindicated as Supreme Court rightly upheld her contention!

                                                 But having said this, I must also mention here that along with Shayara Bano, the other key parties who were instrumental in drawing the attention of Supreme Court towards triple talaq were Ishrat Jahan, Aafreen Rehman, Atiya Sabri, Gulshan Parween and Bharatiya Muslim Mahila Andolan. Ishrat Jahan is a resident of West Bengal who was divorced by her husband Murtaza through a phone call from Dubai in April 2015. Murtaza married another woman and took away their four children with him leaving her totally helpless!

                                       Aafreen Rehman who got married in 2014 was first harassed for dowry and even beaten regularly. Later in September 2015 they asked her to leave their house. In her parents house she received a letter via speed post announcing triple talaq in January 2016.

                               Gulshan Parween of Rampur in UP filed a petition in Supreme Court asking for abolishing triple talaq in 2015. She alleged her husband sent her a talaqnama on a Rs 10 stamp paper when she was at her parents house. She alleged she was subjected to domestic violence by him for 2 years for dowry!

                                         Supreme Court made the Bharatiya Muslim Mahila Andolan (BMMA) a party in the case after taking cognizance of a survey which said 92% of Muslim women want abolition of triple talaq. Led by Zakiya Soman, the Mumbai-based autonomous body has been fighting for citizenship rights of Muslims since it was formed in January 2007. Naseem Akhtar who is BMMA’s Jaipur convener said: “It’s a balanced decision. Now we expect government to make a law against triple talaq the soonest.”

                                  Atiya Sabri of Uttar Pradesh is the last petitioner in this case. Her husband Wajid Ali and she were married since 2012 but in November 2015 her husband sent to her brother’s office a note of triple talaq. She alleged that as she had two daughters, aged three and four, her in-laws were not happy and they had tried to poison her. She approached the Supreme Court in January 2017 challenging the divorce and said that triple talaq violates fundamental rights of women.

                                                As we all know, the Supreme Court on August 22 declared triple talaq as void, illegal and unconstitutional. It is important to understand the entire sequence of events in which this landmark case proceeded. To make this task easier, here’s the chronology of events in this landmark case –

October 16, 2015: Supreme Court Bench asks Chief Justice of India to set up an appropriate Bench to examine if Muslim women face gender discrimination in divorce cases while dealing with a case of Hindu succession.

February 5, 2016: Supreme Court asks the then Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of ‘triple talaq’, ‘nikah halala’ and ‘polygamy’.

March 28, 2016: Supreme Court asks Centre to file report of a high-level panel on ‘Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession’.

June 29, 2016: Supreme Court says ‘triple talaq’ among Muslims will be tested on “touchstone of constitutional framework”.

October 7, 2016: For the first time in India’s constitutional history, Centre opposes in Supreme Court these practices and favours a relook on grounds like gender equality and secularism.

February 14, 2017: Supreme Court allows various interlocutory pleas to be tagged along with the main matter.

February 16, 2017: Supreme Court says a five-Judge Constitution Bench set up to hear and decide the challenge to ‘triple talaq’, ‘nikah halala’ and ‘polygamy’.

March 27, 2017: AIMPLB tells Supreme Court that pleas were not maintainable as the issues fall outside the judiciary’s realm.

March 30, 2017: Supreme Court says these issues are “very important” and involve “sentiments” and says a Constitution Bench would start hearing it from May 11.

May 11, 2017: Supreme Court says it would examine whether the practice of triple talaq among Muslims is fundamental to their religion.

May 12, 2017: Supreme Court says the practice of triple talaq was the “worst” and “not desirable” form of dissolution of marriages among Muslims.

May 15, 2017: Centre tells Supreme Court that it will bring new law to regulate marriage and divorce among the Muslim community if triple talaq struck down. Supreme Court says it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.

May 16, 2017: AIMPLB tells Supreme Court that matters of faith cannot be tested on grounds of constitutional morality and also emphasized that triple talaq is a matter of faith for last 1400 years.

May 17, 2017: Supreme Court asks AIMPLB whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of ‘nikahnama’. Centre tells Supreme Court that triple talaq is neither integral to Islam nor a “majority versus minority” issue but rather an “intra-community tussle” between Muslim men and deprived women.

May 18, 2017: Supreme Court reserves judgment on triple talaq.

May 22, 2017: AIMPLB files affidavit in Supreme Court saying it would issue an advisory to ‘Qazis’ to tell bridegrooms that they will not resort to triple talaq to annul their marriage.

August 22, 2017: Supreme Court by majority judgment of 3:2 rules that divorce through triple talaq is void, illegal and unconstitutional and against basic tenets of Quran.

                                              No doubt, this landmark judgment seeks to overturn the conventional belief that it is the community itself, not Parliament or courts, which should reform religious or personal laws. In a split verdict, three of the five all-male Judges on the case said the practice of saying “talaq” or divorce three times in one go sometimes even over email and Whatsapp violated women’s right to equality and was not integral to Islam. The dissenting note came from CJI JS Khehar and Justice S Abdul Nazeer who argued instant talaq should be suspended and the government asked to bring a law to regulate the practice within six months.

                                                    The CJI JS Khehar writing for himself and Justice Nazeer said the practice was part of Muslim personal law and, therefore protected by the Constitution from judicial review. He said that triple talaq cannot be declared unconstitutional and the “gender discriminatory practice can be done away by way of legislation. CJI Khehar said: “Personal law has a constitutional protection. This protection is extended to ‘personal law’ through Article 25 of the Constitution. It needs to be kept in mind that the stature of ‘personal law’ is that of a fundamental right… ‘personal law’ of every religious denomination is protected from invasion and breach, except as provided by and under Article 25.”

                                                   Both Khehar and Nazeer concluded that The Muslim Personal Law (Shariat) Application Act, 1937 was not a law in force within the meaning of Article 13(3)(b) of the Constitution but was made to “preserve Muslim personal law – Shariat, as it existed from time immemorial.” The order sought to explain how the customary practice was “integral” to the Sunni sect, saying it had “been in vogue since the period of Caliph Umar (a senior companion of Prophet Mohanned) which is roughly more than 1400 years ago”.

                                              Justice Kurian Joseph in his separate judgment along with the majority stated that the practice of triple talaq does not have the protection of Article 25 of the Constitution guaranteeing freedom of religion. He very rightly said “Merely because a practice has continued for long, that itself cannot make it valid if it has been expressly declared to be impermissible. The whole purpose of the 1937 Act was to declare Shariat as the rule of decision and to discontinue anti-Shariat practices with respect to subjects enumerated in Section 2 which include talaq. Therefore, in any case, after the introduction of the 1937 Act, no practice against the tenets of Quran is permissible. Hence, there cannot be any Constitutional protection to such a practice and thus, my disagreement with the learned Chief Justice for the constitutional protection given to triple talaq. I expressly endorse and reiterate the law declared in Shamim Ara. What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.”

                                             Truth be told, malpractices like Sati, human sacrifice, polygamy etc prevailed in Hinduism since many thousand of years till they were finally outlawed! Lord Krishna it is said had married 16,108 women but did that stop Jawaharlal Nehru from forbidding Hindus to marry more than once? Even the father of Lord Rama had many wives! Shivaji who is the greatest Maratha hero too had many wives and his chief queen was Sai Bai Nimbalkar!

                                           Truly speaking, all Hindus must be grateful to Nehruji for the great courage he showed in outlawing polygamy among Hindus! He exempted Muslims because they were then still heeling from the fresh wounds of partition. But now 70 years later Muslims too must be covered and malpractices like Halala whereby if a Muslim man divorces her wife and if he wants to marry her again after realizing his mistake he cannot do so until she marries another man and then obtain divorce from him!

                                            In other words, Nikah halala is the practice that requires divorced Muslim women to marry another men and consummate the marriage with him and then seek divorce from him in order to make her eligible to remarry her previous husband who gave her talaq! This is certainly most reprehensible! It makes a complete mockery of the dignity of Muslim women and does not affect Muslim men in any manner even though it is Muslim men who arbitrarily divorces her!

                                           Let me be direct in asking: Does this malpractice not make a complete mockery of women? Why then should it not be outlawed? This is exactly what Shayara Bano has very rightly prayed in her petition wherein she also wants an end to polygamy and halala!

                                           Even the majority opinion in this landmark case took two different approaches to reach the conclusion that talaq-e-biddat is unconstitutional. While Justice Nariman and Justice Lalit tested the constitutional validity of triple talaq on the touchstone of Article 14 (equality and non-discrimination), Justice Kurian put triple talaq to the theological test! Justice Kurian said: “On the pure question of law that a legislation, be it plenary or subordinate, can be challenged on the ground of arbitrariness. I agree with the illuminating exposition of law by Justice Nariman. I am also of the strong view that the constitutional democracy of India cannot conceive of a legislation which is arbitrary.”

                                       Justice Kurian also underlined that the court cannot direct lawmakers to pass a legislation. The common judgment of Justice Nariman and Justice Lalit stated after quoting religious texts and scholarly interpretations that, “Triple talaq was an irregular and heretical form of talaq”. They also made it clear that, “Given the fact that Triple Talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place. Also, as understood by the Privy Council in Rashid Ahmad (supra), such Triple Talaq is valid even if it is not for any reasonable cause, which view of the law no longer holds good after Shamim Ara (supra). This being the case, it is clear that this form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the 1937 Act in so far as it seeks to enforce Triple Talaq is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq.”

                                          Justice RF Nariman and Justice UU Lalit also concluded that, “As we have concluded that the 1937 Act is a law made by the legislature before the Constitution came into force, it would fall squarely within the expression “laws in force” in Article 13(3)(b) and would be hit by Article 13(1) if found to be inconsistent with the provisions of Part III of the Constitution, to the extent of such inconsistency. It is thus clear that it is this view of the law which the 1937 Act both recognizes and enforces so as to come within the purview of Article 13(1) of the Constitution. Applying the aforesaid tests, it is clear that Triple Talaq is only a form of Talaq which is permissible in law, but at the same time, stated to be sinful by the very Hanafi school which tolerates it. According to Javed (supra), therefore, this would not form part of any essential religious practice.”

                                        They also rightly pointed out that, “The thread of reasonableness runs through the entire fundamental rights Chapter. What is manifestly arbitrary is obviously unreasonable and being contrary to the rule of law, would violate Article 14.”  It also cannot be lost upon us that Muslim theologists have themselves dubbed it as sinful, inviting the wrath of God! Many have even called for social boycott of those who indulge in triple talaq.

                                                 But Shahi Imam Bukhari of Jama Masjid, New Delhi rightly asked just recently in a newschannel  that how many have been socially boycotted till now? Therefore, it was imperative that this evil practice of triple talaq be ended once and for all! That is exactly what the Supreme Court has done in this landmark case! It rightly said that the practice violated women’s right to equality and was not integral to Islam.

                                          All political parties and leaders have welcomed the Supreme Court order. Kapil Sibal who is the lawyer for the All India Muslim Personal Law Board (AIMPLB) which argued against judicial intervention in triple talaq said that, “We hail the judgment, it protects personal laws and at the same time deprecates the practice of triple talaq.” Randeep Surjewala who is Congress’s chief spokesperson said: “This verdict is an affirmation of the rights of women and gives relief to them against being subjected to discrimination by a practice that had been perverted over the years.”

                                       Congress party leader and senior lawyer P Chidambaram while hailing the landmark judgment said that, “The judgment was a resounding affirmation of gender justice and equality of spouses. Triple talaq was a distortion of original Quranic legal principles. Good it has been declared unconstitutional.” Former Chief Election Commissioner SY Qureshi said: “AIMPLB lost an opportunity to introduce this reform itself.” Pinky Anand who is Additional Solicitor General says “It is a very progressive judgment. Triple talaq is something which is being looked down upon as derogatory within the entire community.”

                                  Union Law Minister Ravi Shankar Prasad while welcoming the landmark judgment said “The issue is not of faith, religion or worship; it is solely about gender justice, dignity and equality. It is a great dawn for women in the country. More than 22 countries have either abolished triple talaq or regulated it or laid down stringent pre-conditions.” He also said that the government strongly backs the judgment and will “consider the issue in a structured manner”.

                                       A top government source told the media that the government will not bring any legislation to ban triple talaq as the five-Judge Supreme Court Bench by a majority verdict had held instant divorce as unconstitutional and illegal. Anyone continuing with the practice of instant talaq by uttering the word thrice can be subjected to domestic violence laws and can be sent to jail if a woman approaches the police for harassment on these grounds. From now onwards Muslim men cannot arbitrarily pronounce triple talaq and will always have to keep this landmark ruling in mind which palpably completely bans instant triple talaq!

                                       Speaking for myself, no religion and no tradition can ever justify social malpractices like child marriages, Sati, triple talaq, human sacrifices, nikah halala, polygamy etc. Just because a malpractice has thrived for more than 1400 or 1500 years in any particular religion or tribal group or any other group or community is no ground to make it final! In a democratic country like ours all such malpractices must be shown the outdoor!  In 22 countries triple talaq has been completely banned and this includes Pakistan, Syria, Qatar, Iran, Iraq, Turkey, Sudan, Malaysia, Jordan, Egypt, Bangladesh, Indonesia which has maximum Muslims among others! Needless to say, Supreme Court in this landmark case very rightly annuls unconstitutional and arbitrary instant divorce by pronouncing triple talaq in one go!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Top Benefits of Asking Experts to Write my Research Paper

Writing an impressive research paper is a daunting task that can’t be done in a hurry. It is usually submitted at the end of the academic semester in order to evaluate students’ capabilities in different aspects. It can also assist them to earn scholarships and make them stand out in their respective career paths.

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How to Write your Essay Perfectly

If you have need to Write your Essay Perfectly then here we will some best ways to teach you, It just takes some perseverance and a lot work out and purpose. Even the best essay writer will tell you that he used up several years on practicing writing until he finally reached excellence. So obtain behind to work, but before check out this useful guide about how to write the perfect essay.

Essay_Writing_Tips

Creating the summary:

You don’t just stand down and start writing your essay. In the first place, you have to get your thoughts all together, and perform a ‘guide’ of your essay. Each part of the essay should control an idea. The thesis report contains an introduction to the main idea, , the first and next sections will grow increasingly that thought, while the third section will sum up what has been said in the 1st and 2ndparagraphs. The conclusion can be open-ended or persuasive and to the point.

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Right from the start, you should not hit approximately the plant In order to make people excited to read your essay, you must expose to them your main point. Write down this idea in the starting paragraph, but don’t give out too many details. You will discuss these details in the approaching paragraphs, so keep the readers ‘connected’ and wanting to read more.

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Vision is important:

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The last review:

When you finished your writing, set your paper sideways and get a good sleep. Let the paper sit there for more than a few hours, and read it again only when you are in fact rested. This way, you will right away mark any mistakes or any ideas that you don’t like and want to modify. Writing the perfect essay is complex, but not impossible with a little exertion!

How to Write a Brilliant Summary of an Essay

If you are looking for the best tips for the write a good Essay. The mostly to young people face the essential not only to read and memorize some in order but also to summarize several articles varying from short essays to giant papers which should be represented in more than a few lines of the text. Because of that, I wouldn’t think twice over looking for someone to write my paper for cheap and order it at https://dissertationhelp.com/write-my-dissertation.html However, the main problem which students have to manage with is writing a brief summary of the learnt matter. Maybe, you are the one who undervalue such college tasks and choose a creative approach to writing. Take into account that abbreviation is not that simple. According to information, students drop into the same take again and again. Thus, there are some well-organized tips for this type of work below.

Essay writing

Highlighting

The primary step in abbreviation the material is certainly reading. However, only a small part of students know that it is not enough to simply read the essay in order to create a perfect to the point summarization. It happens that youthful people waste hours on reading but do not get the main idea of the bits and pieces or miss essential information.

The quick and easy solution to this problem is highlighting the most significant facts. Take a pen and underline the essential concepts presented in the text. Thus, there will be no need to reread it thousands of times. The interior of your abbreviation will be ready thanks to this simple step. It is a pretty good idea to place behind the main concepts of the essay you have just read. In this way, you will be able to remember these things even weeks later without misplaced anything important.

Generalize

The usual fault which students make in summarizing the piece of writing are adding too many unimportant details which may be misplaced, so the common sense will remain unchanged and clear. It is a huge mistake to create the summarization full of pointless words and sentences which do not carry the essential meaning and cannot help the reader to understand the wording. Keep in mind that overview is an important stage in summarizing any type of writing. You should be able to cut the text and ease all minor things. It happens that some pages may be summed up in a few sentences if you find the crucial ideas which the writer tries to deliver in his or her essay.

Be Careful with Quotes

There are no fears that quotes are important for most of the types of papers. At the similar time, it is important to be careful while quote no matter which from the original source in the summarization. The main purpose of such kind of work is there a paraphrased and edited version of the material you read but not writing a new dissertation with references to this information. Sometimes many references make the summarization look long-winded and meaningless. The reader will not be able to find out the main message of a exacting article while reading such summarizing. It is better to avoid the direct references of the text and put back them with brief paraphrasing.

Best Boosts For Education That Work For Everyone

Every parent wants to know how they can help their child get the most out of their education. Your role is more than just helping out with homework, though. If you want to find ways that will help you and your child with their learning, then you’re in the right place. Here’s how you can assist in your child’s education.

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Read every day

Read with your child every day. Set aside the time to really explore a story with them, and give them the chance to ask questions. This helps set them up for regular reading in school, and helps them see it as a pleasurable activity.

Look for learning opportunities every day

Your child’s education doesn’t just happen in the classroom. Look for opportunities to learn and reinforce their skills every day. For example, let them count out the money for a purchase, or read the signs in the supermarket.

Be aware of what’s happening in class

Your child’s teacher will be communicating to parents what they’re doing in the classroom. Pay attention to what’s going on. You can then reinforce the lessons the children are getting at home.

Don’t always look for A grades

We’re taught that an A grade is the best result from learning. However, that’s not the case for every child. Instead of focusing on grades, look for improvement. If they can handle a mathematical concept that they couldn’t last week, then that’s something to be celebrated.

Keep in touch with the teacher

Your child’s teacher will want to schedule conferences with you, so take advantage of this. Really pay attention to what they say, and don’t be afraid to ask questions. Look for ways you can both help your child in their education.

Allow your child to work it out on their own

It’s tempting to hover over your child, and sweep in and help when it all goes wrong. However, your child won’t benefit from this. Teach them that you’re here to help, but you trust them to have a go at it on their own. They’ll learn to be independent, but also that you’ll be there if you need them.

Practice discipline and respect

Many parents expect discipline to be taught in schools, but in actual fact the message sinks in better when taught in the home. Teach your child to respect their elders when appropriate, and they’ll get much more out of their schooling.

Take care of the basics

Make sure your child is getting enough to eat and sleep. It’s simple, but without the basics they’ll find it harder to learn.

Useful tools

There’s plenty of tools online, and you should make full use of them with your child. Here’s a few you can use with them.

Canva: This tool is free to use, and helps your child put together all kinds of visual projects. Try presentations, leaflets, and posters, just to get started.

Notability: This note taking app is highly useful when your child wants to take notes on their learning. The app means your notes are always in reach.

Best Australian Writers: If your child’s struggling with certain writing issues, hire a writer from this service. They can go through the work with your child, and help them understand where they’re going wrong.

Weebly: If your child has an interest in writing, let them express it through a blog made on this site.

There’s plenty you can do to help your child learn. Follow these tips, and you’ll both get the most out of learning. Show your child that learning is fun!

by –

Jennifer Scott

From Russia With Love

NEW YORK: An unusual flashmob took place today in Times Square. Unidentified activists were gifting flowers to women.

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Activists wearing jackets with “From Russia with Love” inscription on their backs were gifting flower bouquets to women in Times Square. At the same time one of the Times Square billboards was displaying a picture of Russia covered in flowers with a signature “From Russia with Love”. Women were pleased and were smiling, this unexpected flashmob flattered them.

The flashmob was devoted to the International Women’s Day which is celebrated every year on March 8. This holiday is originating from the Solidarity Day of working women in their struggle for emancipation and equal rights. Traditionally, this day is celebrated in the former USSR countries, in China and in some African countries.

– Rick Irwin

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