Triple Talaq bill: An opportunity wasted by BJP

Economic Times | Page 9 | Dec 30, 2017

• In August of this year, when the Supreme Court decided against the validity of instant triple talaq, the government was blessed with an historic opportunity: to define the parameters of a clear and effective law that would secure justice for the victims who had fought for it. 
• The bill in its current form was a rushed attempt to make a point and it is evident from the drafting. Seven sections (including the title), make up the entirety of the two-page law.
• Upon reviewing the bill, this is an opportunity lost by BJP.
• Rhetorical commandments kept aside, bill is silent on the details of their enforcement. 
• While Congress supported the idea in principle, the copy of the bill elicited surprise as it confined itself to prescribing only punishment of three years for violators and a subsistence allowance for women.
• BJP was not open to consultations but opposed any changes and attacked every amendment as a personal insult. The government conceded no consultation have taken place.
• Given the process of enforcing that penalty is so cumbersome and painful for the victim, does the bill achieve its objective?
• The complaining woman has to undergo indignities of having to prove her charge (to the high degree required in criminal law) before the police or the magistrate.
• The Bill provides for a subsistence allowance but fails to define whether the same is an amount in addition to maintenance or is it a part thereof. The BJP refused to acknowledge, let alone answer these questions.
• The law minister without addressing the concerns raised, launched attack into a prepared speech on the historical significance of the proposed law.
• The government could have ensured greater financial security for Muslim women in the new law instead of the conflicting sections. But making effective laws is neither this government’s strength or priority.
• The bill is passed by Lok Sabha and will come for Raj Sabha's passage. In RS, BJP don't have majority and they need Congress support for passage. If the bill is passed with Congress support, Modi will become champion of Muslim women's cause, first time in India. If Congress ensures defeat or stalling of the bill, Congress will be seen as enemy by Muslim women. Either way Modi wins! 
• It is a 'gullible Muslim women' vote winning strategy by rogue Modi without any depth in the welfare of Muslim women. 
• Modi is trying to hang on power by harping on short public memory but his stars are not good since all his adventures have boomeranged during past two years except winning elections..

This bill doesn't specify what it will do if a Muslim man resorts to abandoning wife without saying 'triple talaq'. Now 'triple talaq' might get reduced but abandoning will increase outside the law.

It doesn't require any sense or common sense to conclude that Modi's eyes were in getting political mileage by converting Muslim women as his 'bhakts' by pretending as their saviour without doing anything. This law is neither enforceable nor serves any intended purpose. Modi's eyes are on the eight state elections in 2018 and general elections 2019 and this bill will enable Muslim women vote (~7%) for him. Afterwards, if they go to hell, it is no concern of his.

Even though out of context ... Talaq is not a criminal act by any stretch of imagination. And arrest without evidence and 3 years prison liability is in violation of fundamental rights. Wife abandoning is much more severe than 'Talaq'. Modi has not only committed that offence but also used his PM position to block his wife's passport application cruelly. Even as CM of Gujarat he created panic and terror to his wife while she was serving as teacher.

Rule of the Law

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

Definition of the 'rule of law' comprises the following four principles:

1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

Factors of the rule of the law index:

1. Constraints on Governments Powers is the extent to which those who govern are bound by the (a) fundamental law, (b) limited by the legislature, judiciary and audit, (c) sanction for misconduct and (d) transition of power is subject to the law 
2. Absence of Corruption in government agencies i.e. legislature, executive, judiciary, military & police. Bribery, improper influence by public or private interests, and misappropriation of public funds or other resources.
3. Open Government is that (a) shares information, (b) empowers people to hold the government accountable, (c) fosters citizen participation in public policy deliberations. Publicizing of basic laws & legal rights, information properly published by the government, requests for information are properly granted, effective civic participation mechanisms and bringing specific complaints to the government 
4. Fundamental Rights protects human rights. It is a system of positive law and is at best “rule by law”. It encompasses adherence to (a) enforcement of laws that ensure equal protection (b) right to life and security of the person (c) due process of law and the rights of the accused (d), freedom of opinion and expression (e) freedom of belief and religion (f) the right to privacy (g) freedom of assembly and association (h) fundamental labor rights of collective bargaining, prohibition of forced & child labor and elimination of discrimination.
5. Order and Security is how well the society assures the security of persons and property. Security is one of the defining aspects of any rule of law of society that is a fundamental function of the state. It is also a precondition for the realization of the rights and freedoms that the rule of law seeks. This includes various threats i.e. crime, political violence, and violence to redress personal grievances.
6. Regulatory Enforcement is the extent to which regulations are fairly and effectively implemented and enforced. Strong rule of law requires that these regulations and administrative provisions are enforced effectively, are applied and enforced without improper influence by public officials or private interests, administrative proceedings are conducted timely, without delays, due process is respected in administrative proceedings, and that there is no expropriation of private property without adequate compensation. This does not assess what government chooses to regulate and to what extent but examines how regulations are implemented and enforced. To regulate such as public health, workplace safety, environmental protection and commercial activity.
7. Civil Justice measures whether ordinary people can resolve their grievances peacefully and effectively through the civil justice system. The civil justice system should be accessible and affordable, free of discrimination, free of corruption, and without improper influence by public officials.  This also necessitates that court proceedings are conducted in a timely manner and not subject to delays. Recognizing the value of Alternative Dispute Resolution mechanisms, this also measures the accessibility, impartiality, and efficiency of mediation and arbitration systems that enable parties to resolve civil disputes. 
8. Criminal Justice is a key aspect of the rule of law, constituting mechanism to redress grievances and bring action against individuals for offenses against society. Criminal justice systems are capable of investigating and adjudicating criminal offenses successfully and in a timely manner, through a system that is impartial and non-discriminatory, and is free of corruption and improper government influence, all while ensuring that the rights of both victims and the accused are effectively protected.  The delivery of effective criminal justice also necessitates correctional systems that effectively reduce criminal behavior. The delivery of criminal justice should take into consideration the entire system including the police, lawyers, prosecutors, judges, and prison officers. 

Informal Justice concerns the role played by customary and ‘informal’ systems of justice including traditional, tribal, and religious courts, and community-based systems in resolving disputes. These complex systems often play a large role in cultures in which formal legal institutions fail to provide effective remedies for large segments of the population, or when formal institutions are perceived as remote, corrupt, or ineffective. The dispute resolution systems are timely and effective, they are impartial and free of improper influence, and these systems respect and protect fundamental rights. 

Seven deadly sins are:

Wealth without work, Pleasure without conscience,
Science without humanity, Knowledge without character,
Politics without principle, Commerce without morality,
Worship without sacrifice. – Mahatma Gandhi

My View:

In every aspect of 'rule of law', our country India stands abysmal. With information, awareness, transparency and education it is improving rather slowly. The irony is that while people at low end are uneducated, unskilled, poor but are good; people at high end are educated, skilled, rich but are bad. It is a catch 22 situation; unless politics change - people won't change and unless people change - politics wont change. In past 70 years after independence there is significant improvement but far less compared many advanced countries.