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23rd August 2017 Part-1: Daily News Analysis
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Supreme Court Triple Talaq issue; Australia

Jatin Verma is teaching live on Unacademy Plus

Jatin Verma
Have appeared in UPSC CSE thrice. Have been taking Unacademy Plus courses Academics- Polity, Economics & Current Affairs.

U
Unacademy user
sociology ke lecture continue karo sir
Arvind Bhargava
2 years ago
continue
Raghu Pabby
2 years ago
kindly review my courses too sir
sir u said that now all personal law comes under article 13 but on big picture one expect said that not all personal laws come under article 13.. only certain personal laws which are covered under acts or laws come under this article.. m confused ????
Aneesh Menon
2 years ago
There is often a contradiction when it comes to judging the personal laws.Since there is an absence of Uniform civil code,nothing much can be done about them because of country being diverse in culture,customs and so on.Previously,few years after the constitution was enacted,the SC did not want to step into personal laws and had left that decision to the legislature(at the time,many were freedom fighter and SC had immense respect for them).Also,one reason can be that at that time,casteism and communalism was so much ingrained in people's blood that they cared only about their ethnic race,society and maximum their state.There was no nationalism.It was difficult for executive and legislature and even judiciary to venture into this area.Now,with time,people being more modern,emergence of literate and educated men and women.women standing up for their rights and people questioning their government has marked the end of old age era and start of a new one.
Aneesh Menon
2 years ago
To answer your question- Constitution is supreme.All laws comes under the article 13 and if found violative of FR's,the courts have the right to make it unconstitutional.The decision is taken of the basis of vote,facts,relevance and strong arguments.One of the Justice pointed out that Muslim Personal law Application Act recognized it as statutory and not a Fundamental right(If it was a FR then it would not be violative of Article 13 and triple Talaq would continue to exist).Even if that law existed for 400 or 1000 years it still can be declared unconstitutional if found violative.
Sir I don't agree with you that judiciary has ventured in the arena of scrutinizing the personal law because as judges pointed out that triple talaq is not religious faith because it is not inspired by holy quran rather it is because of it's practice from past 1400 years, so technically- triple talaq is not Islamic On the other hand , if we come to arguments given by CJI and justice Nazeer, that since it is a very old religious custom hence it should be sacrosanct under fundamental right of religion, but one spontaneous question arises that if one has to trade of between fundamental right of religion and fundamental right of equality, then which one should be given more priority. Should we mitigate the crisis of equality right violation of muslim women on the ground that we are saving some religious practices?
Hello Jatin, a question I'd like regarding the judgement made by SC in Tripal Talaq(TT) case. Tripal Talaq and the provisions of Shariat Act,1937 dealing with instant irrevocable TT have been declared unconstitutional but CJI in his judgement held the "absoluteness" of Art 25 & 26. Should Arts 25 and 26 now be considered absolute without any reasonable restrictions? Note that majority of the judges did not consider Shariat Act as a "law" under Art 13 of the Constitution. Indian Express editorial for reference http://indianexpress.com/article/explained/3-judgments-3-takeaways-triple-talaq-4809039/
Jatin.. Why you always make the videos in Hindi first and you fail to say the same in English.. People from South India will it difficult in understanding the same. You contribution is very very valuable one to the aspirants.. I request you to make the videos in English too. Hope you understand
V
Vidhya
10 months ago
Me from south india, dont know hindi
Also, the analysis of fundamental rights taking precedence over personal law is not adequate qua the judgement.
  1. DAILY NEWS ANALYSIS from THE HINDU 23rd AUGUST 2017 By JATIN VERMA Educator Unacademy For Daily The Hindu News & Editorial analysis- Visit my Unacademy profile- www.unacademy.com/user/studiousjatin


  2. S. Page-I : No, no, no: SC on instant triple talaq . A historic 3:2 majority judgment, delivered 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 . On the five-judge Bench, Justices Kurian Joseph and Rohinton Fali Nariman gave separate judgments against the validity of instant talaq. justice U.U. Lalit supported Justice Nariman's view that instant talaq given by a Muslim man "capriciously and whimsically," without an attempt at reconciliation, was "manifestly arbitrary and violative of Article 14 (right to equality) . The triumvirate of Justices Kurian, Nariman and Lalit overwhelmed the minority verdict pronounced by Chief Justice of India J.S. Khehar and endorsed by Justice S. Abdul Nazeer, the juniormost judge on the Bench. . Chief Justice J.S. Khehar held that talaq-e-biddat, as a personal law practice, was an integral part of Article 25 (freedom of religion). Ninety per cent of Muslims in India follow the practice. It was constitutionally protected as a fundamental right.


  3. I. Integral part of Religion or Not? 2. violative of Article 14 (right to equality)or not. VERSUS 1400 years old? 3. Should Personal Law practice be precedence over Fundamental Rights or vice versa? 4. It comes under the ambit of Article 13 (Definition of law) of the Constitution or not? 5, Antiquity of Law versus Modernity of Democracy In whose favour should the balance tilt?? En-gendering Development. Question. Analyse the contribution of S.C.in Engendering women A lot of Ground needs to be covered.... Marital Rape? Representation ofwomen in Judiciary / itself???


  4. The Chief Justice reasoned that talaq-e-biddat was in vogue for over 1,400 years, and this made instant talaq a "matter of religious faith," which cannot be tested on the touchstone of Article 14.He held that personal laws like instant talaq were an 'exception' to the Constitution's avowed aim to protect gender equality But Justice Nariman countered that Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937 has already recognised triple talaq as a statutory right and not a fundamental right. Instant talaq was no longer a personal law to remain free from the rigours of the fundamental rights as it comes under the ambit of Article 13 of the Constitution,he said.Article l13 mandates that any law, framed before or after the Constitution, should not be violative of the fundamental rights. .The Chief Justice had reasoned that instant talaq cannot be invalidated just because the Koran does not expressly provide for or approve of it. Talaq-e-biddat, though bad in theology,was considered good in law. To this, Justice Kurian countered that Islam can not be anti-Koran An attempt for reconciliation and if it succeeds, then revocation are the Koranic essential steps before talaq attains finality. In triple talaq, this door is closed.Triple talaq is against the basic tenets of the Holy Koran and consequently, it violates Shariat." . Justice Kurian also referred to Section 2 of the Shariat Act, observing that the statute had put an end to the"unholy,oppressive and discriminatory customs and usages in the Muslim community.After Shariat Act, no practice against the tenet of Islam is permissible


  5. Page-l + 10: Trump offers India a role in Afghanistan . The new U.S. strategy for South Asia, unveiled by President Donald Trump has many old elements, but in a departure from the past, it commits troops in Afghanistan for an open-ended period of time. . The Pentagon and NATO allies are redrawing their operational plans in America's longest war that began in 2001,and an increase in troop levels is expected soon. Describing India as "a key security and economic partner of the United States, the President said America would further develop its strategic partnership with India the world's largest democracy. He also urged India to play a larger role in providing economic and development assistance to the war-torn Afghanistan. America would no longer tolerate Pakistan's policy of harbouring terrorists. . India is one of the largest donors in Afghanistan, pledging and delivering $3.l billion since 2001 . "India is now officially part of the Afghanistan-Pakistan policy. India was previously kept out of the decision making on Afghanistan by the US, now India has been highlighted as a much more important player.


  6. Synopsis of New Afghan Policy of U.S. It commits troops in Afghanistan for an open-ended period of time. I. America would no longer tolerate Pakistan's policy of harbouring terrorists 2. America would further"develop its strategic partnership with India 3. plans to cut military aid to Pakistan if it does not abandon support for terrorist groups. urged India to play a larger role in providing economic and development assistance to the war-torn Afghanistan 4. Relevance: [ GSM-2:International Relationsl Page-12: International-Trump links India's Afghan role to trade surplus . India makes billions of dollars in trade with the United States, and we want them to help us more with Afghanistan, especially in the area of economic assistance and development Trump . Similar demands were made on South Korea, Japan and Germany. . India is the ninth biggest trading partner of the U.S. and India had a trade surplus of around $26 billion with the U.S. in goods trade alone last year.


  7. Page-I:N Bhupathi, a frog with the face of a pig, [ G.S. Mains-3: Environment] Newly discovered Nasikabatrachus bhupathi . According to a paper published last month in Alytes, a scientific journal devoted to the study of frogs and amphibians, Indian scientists have discovered a new species of frog that has a snout- shaped nose, just like a pig's, evoking comparisons with the Purple frog that took the world by storm when it was first discovered in 2003. . Discovered by scientists from the Centre for Cellular and Molecular Biology (CCMB) in Hyderabad The discovery is significant as it constitutes additional evidence in favour of the theory of continental drift. The Purple frog is an inhabitant of Seychelles, and the discovery of Bhupathy's purple frog in India suggests that the Indian subcontinent was part of the ancient landmass of Gondwana before splitting from Seychelles 65 million years ago. Alytes also describes the discovery of two new frog species from north-eastern India: [] Xenophrys sanu, a resident of the Darjeeling hills in West Bengal, and [i]Xenophrys katabhako, found in West Bengal and Sikkim.


  8. Pg-7: Hindi is not and cannot be the national language: Karnataka TG.S. Mains Paper-2: National Integration, Hindi agitation] Constitutional and legal position of the State having its own flag. S.R. Bommai v/s Union of India (Supreme Court 1994) case. .In Bommai's case, the Supreme Court has declared that federalism is a basic feature of the Constitution and States are supreme in their sphere. This being the Constitutional position, there is no prohibition in the Constitution for the State to have its own flag. national flag. It has to be always below the national flag. by the court. So State flag is not unauthorised under the Constitution. . However, the manner in which the State flag is hoisted should not dishonour the . The national flag code specifically authorises use of other flags subject to the regulation Ministry of Home Affairs administers the Flag Code of India There is no specific law enforcing Flag Code The Prevention of Insults to National Honour Act, 197 .


  9. Flag Code- India, 2002 In lts Judgement, the Delhi High Court held that the right to fly the National Flag is a fundamental right within the meaning of Article 19(I) (a) of the Constitution and reasonable restrictions can be imposed by law.The High Court also held that the restrictions imposed by the Flag Code India had not been authorised by any law within the meaning of clause (2) of Article I9 of the Constitution and could not, therefore, stand in view of the earlier decisions of the Supreme Court holding that no curbs could be imposed on the rights of the citizens through executive instructions. The Delhi High Court held that "it could not be disputed that right to fly the National Flag at the premises of a person, whether at his residence factory or office, is a part of his fundamental right of freedom of expression and that right can be restricted only by Parliament in the circumstances mentioned in Clause (2) of Article 19 of the Constitution. . The restrictions imposed by the Flag Code on flying the National Flag have not been authorized by any law framed under Clause (2) of Article 19 of the Constitution


  10. . Page-7: Huge haul-ofpainting-brushes made of mongoose hair Wildlife Crime Control Bureau (WCCB) and West Bengal Forest Department have seized 32,985 mongoose-hair painting brushes from Kolkata's Burrabazar area. Protected species: Mongoose is a protected species under Schedule I and part Il of the Wildlife Protection Act, 972 and any trade of its body parts involves similar punishment as is laid down for tigers and rhinoceros.Those convicted face a minimum three years in jail Inter-State network: While the arrests have revealed an inter-State network of illegal wildlife trade of mongoose hair, it is a village in West Bengal's South 24 Parganas that has emerged at the centre of trade. Use of Brushes: Experts pointed out that artists preferred brushes made of mongoose hair over synthetic brushes. These brushes are primarily used for water colour.Across the globe using animal hair for making brushes is considered a crime and there are laws to deal to with it.


  11. BusinessPage:Uranium saletalksatadvancedstage' Discussions are at a 'well-advanced' stage for Australia's uranium sale to India, to fuel nuclear power plants in the energy-starved developing nation, according to an rnment body's top official. . Dismissing allegations that uranium supply was facing 'delays' due to the Australian coal mining sector "lobbying' to protect its interests, the official, however, said coal exports will not slow down any time soon from Australia for use in India's thermal power stations. . The process of uranium sale was progressing as anticipated by the two sides and without delays. -Rejecting reports regarding the alleged efforts by Australian coal mining sector to delay' uranium supply to India, Ms. Muldoon said, "lt's [the allegations] more of a domestic issue in Australia... it's not appropriate for me to comment."


  12. Disease Burden: In 2016, a total of 2,96,279 deaths from pneumonia and diarrhoea The Pneumonia and Diarrhoea Progress Report published annually by the International Vaccine Access Center (IVAC) at the Johns Hopkins Bloomberg School of Public Health, puts India at the top of the list of I15 nations. The report, however, does indicate some consolation can be found in the fact that India is among the 12 nations that have improved their Global Action Plan for the Prevention and Control of Pneumonia and Diarrhoea (GAPPD) score in 2016. In 2015, these two diseases together were responsible for nearly one of every four deaths that occurred in children under five. . Nearly 15 years after the introduction of the pneumococcal conjugate vaccines in 2000, five countries among those with the highest pneumonia burden India, Indonesia, Chad, China and Somalia. Pfizer's vaccine protects children and adults from 13 types of pneumococcal bacteria, and a full vaccination course costs about $170 on India's private market. India started giving out the vaccine for free under its national immunisation program earlier this year, but the rollout like that of most vaccines in the program, is in phases, so only about 2.1 million of the 25 million eligible people in the country will get it this year.


  13. (7) Jatin verma-Unacademy The Hindu UPSC Secure https://unacademy.com/user/studiousatin Q jatin verma Searching for "jatin verma" EDUCATORS MORE EDUCATORS JS Jatin Verma Mahesh Verma Jatin Dewan Shruti Verma Jatin Sharma COURSES MORE COURSES LESSONS MORE LESSONS (Hindi) The Hindu Daily Editorial Analysis for June 2017 Jatin Verma UPSC CSE Prelims: Trend Analysis How To Study For Civil Services Mai. How To Study For Civil Services Mai.. 20th June 2017 Part-2: Daily News 21st June 2017 Part-1: Daily News A. The Hindu-Daily News Analysis for June 2017 y Jatin Verma The Hindu-Daily News Analysis July 2017 yJatin Vema The Hindu Daily Editorial Analysis for June 2017 By Jatin Verma (Hindi) The Hindu Daily News Analysis for June 2017 y Jatin Verma


  14. e Securo https:/ unacademy Explore Jatin Search Courses, Topics&Educators 0 eredits Jatin Verma Follow Worked at Citi Bank. Books, movies, travelling, share trading. Have appeared in UPSC CSE twice. Preparing again Activity 20 Courses73.7k Fotlowers 5 Following Impact Jatin Verma added 2 new lessons 15m 1,307,471 6th July 2017 Part-2: Press Information Bureau Summary and Analysis Gold Bond serles-2 6th July 2017 Part-1: Press Information Bureau Summary & Analysis Insolvency & Bankruptcy Board of India; Presidential elections Facts and details not given in the basic books Jatin Verma added 2 new lessons 11h 7th July 2017 Editorial-2: Mr Modi in Israel Saudi Arabia- Palestine For Daily Multiple Choice Questions, Visit my Unacademy profile- www.unacademy.com/user/studiousiatin