National

All India Muslim Women Personal Law Board, Nyayabodh Foundation move SC against unilateral extra-judicial talaq

SC Supreme Court Dalit

The petitioner has been moved through the president of All India Muslim Women Personal Law Board Shaista Amber and the president of Nyayabodh Foundation, advocate Ritu Dubey

New Delhi: All India Muslim Women Personal Law Board (AIMWPLB) and Nyayabodh Foundation on Wednesday moved the Supreme Court seeking to issue a direction to respondents that divorce given to Muslim women without following the due procedure be declared as null and void retrospectively.

The petitioner has been moved through the president of All India Muslim Women Personal Law Board Shaista Amber and the president of Nyayabodh Foundation, advocate Ritu Dubey. The petitioner has raised grievances of various women victims of unilateral extra-judicial talaq. The petition has sought to declare talaq-e-Hasan and “other forms of unilateral extra-judicial talaq as an evil plague”.

The petition sought to issue the direction to respondents that divorce given to Muslim women without following the due procedure of arbitration and conciliation in the presence of a witness be declared as null and void retrospectively.

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The petition sought to issue directions or guidelines in a retrospective manner to all the respondents regarding the economic and social security for divorced women and their children as children are deprived of their basic fundamental rights (food, health, education, shelter, live the life with dignity) due to such arbitrary forms of Talaq.

The petition also sought to issue direction to all respondents/lawmakers to take appropriate steps to remove the prevailing anomalies of taking divorce by Talaq-e-Hassan and /or other unilateral forms of Talaq and make a rule that one proper process/forms to be followed for taking divorce in the light of Quranic principles /guidelines which says that maintenance of wife and children is the prime responsibility of a man/husband which can not be denied and the wife and children cannot be abandoned.

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

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Despite Of Several Harassment FIRs Against Them, Bilkis Bano’s Convicts Released For “Good Behavior”: Reports

Ashmita Chhabria
Bilkis Bano

Multiple FIRs and police complaints have been lodged against the convicts, stating that they harassed and threatened witnesses while out on parole

Gandhinagar: The Gujarat government, defending the 11 Bilkis Bano’s rapists, who killed her entire family in the 2002 Gujarat Riots, told Supreme Court that they were granted remission for their “good behavior in prison.” The Centre too approved this decision of the state government.

But now the “good behavior” claims have been smashed down by FIRs of harassment against those 11 convicts. According to NDTV reports, multiple FIRs and police complaints have been lodged against the convicts, stating that they harassed and threatened witnesses while out on parole. This is contrary to the “good behavior” justification.

Gujarat government had also claimed that no evidence of any wrongdoing while serving imprisonment was found against the 11 rapists.

NDTV reported that between 2017-2021, at least four witnesses in the Bilkis Bano case registered complaints and FIRs against the convicts.

An FIR dated July 6, 2020, was registered against two of the convicts, Radheshyam Shah and Miteshbhai Bhatt.

Under sections 354 (assault or criminal force with intent to outrage modesty), 504 (intimidation), 506 (2) (threat to kill), and 114 (abetment) of the Indian Penal Code (IPC) the FIR was registered at Radhikpur police station in Dahod, by Saberaben Patel, and a witness in the Bilkis Bano case, Pintubhai.

NDTV reported that the FIR states, “Three men, including two convicts and Radheshyam’s brother Ashish, threatened Saberaben, her daughter Arfa and witness Pintubhai for implicating them with their statements.”

Also Read: Rahul Gandhi & Owaisi Slam BJP Over Release Of Bilkis Bano’s Rapists

At Dahod Police Station, Mansuri Abdul Razzaq Abdul Majid, another witness, filed a police complaint against Sailesh Chimmanlal Bhatt on January 1, 2021. In his complaint, he too alleged threats from the convict while he was out on parole.

Further in the complaint, it was also alleged that Limkheda MLA Sailesh Bhai Bhabhor and former minister of state and Lok Sabha MP Jaswantsing Bhabhor felicitated Bhatt for his “good deeds.” A photocopy of BJP leaders sharing the stage with Bhatt was also attached, reported NDTV. This complaint never turned into an FIR.

NDTV also reported that On July 28, 2017, two additional witnesses, Ghanchi Adambhai Ismailbhai and Ghanchi Imtiazbhai Yusufbhai, complained about Govind Nai, one of the convicts. The applicants said that if they refused to “compromise,” the accused would kill them. As with the last complaint, no FIR was ever filed.

On August 15 the convicts were freed from jail and outside the jail, in Gujarat, they were greeted with garlands and sweets like heroes.

Yesterday the Supreme Court stated that  Gujarat’s reply to why the convicts were freed quoted a series of judgments but factual statements were missed.

“I have not come across a counter affidavit where a series of judgments are quoted. Factual statement should have been made. A very bulky counter. Where is the factual statement, where is the application of mind?” a bench headed by Justice Ajay Rastogi observed.

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