Feature
New divorce law will come, if triple talaq struck down: Central Govt
New Delhi: The central govt on Monday told the Supreme Court that a new law to regulate marriage and divorce among the Muslim community would be brought, if all forms of divorce including ‘Triple Talaq’ are struck down.
As Attorney General Mukul Rohatgi argued against triple talaq and stressed the need to strike it down the five judge constitution bench headed by Chief Justice Jagdish Singh Khehar asked him if this is done, then what will happen to Muslim men who went to end their marriage.
“If we accept that giving unfettered rights to a husband is bad and we strike down triple talaq, then where will Muslim men go for divorce,” asked Justice Uday Umesh Lalit who, along with the CJI, Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice S. Abdul Nazeer are on the constitution bench.
Without losing a moment, Rohatgi told the bench that if they strike down all three practices- ‘Triple talaq, nikah, halala and polygamy, then the government will bring a new law.
At this, Chief Justice Khehar said that the top court was not just the “guardian to the Constitution but also that of the Minorities Act”.
At the beginning of the hearing, the Attorney General urged the court to examine not just the validity of the triple talaq vis-a-vis the Constitution but also that of the nikah halal and polygamy too.
However, the court, citing the limited time that is available, said that as of now, it would focus on the validity of triple talaq, leaving other two issues for the future.
The court was apparently unimpressed when he said that he cited the Constitution’s Article 14 and 15 to highlight the discrimination being faced by the Muslim women, noting that these articles are all against the state.
Terming his position “very difficult”, the court said that an attempt to invoke Article 14 without the state was a “white wash”.
As Rohatgi emphasised on gender equality of Muslim women including with their counterparts in other religions and in other Islamic countries, the court said that he was talking of gender equality, equality between religions and equality between the people of different countries and in this way, all marriage laws should go and civil marriage was the only course.
The court said that marriage as an institution is crystallised by religion, drawing an objection from him and inviting a comment from the bench that if marriage was not rooted in religion, then what was it.
Appearing for the All India Muslim Personal Law Board, senior counsel Kapil Sibal told the bench that the “issue is not talaq, the issue is patriarchy” or a state of society which is inherently discriminatory of this or that religion.
Describing the issue as “highly complex” which can’t be resolved easily, he referred to Hindu Code under which customs are still protected, noting that even under 2006 Hindu Succession (Amendment) Act, 2005, a father can bequeath his entire property to his son without giving anything to his daughter.
Noting that the Constitutions protects personal laws and all patriarchal societies are discriminatory, Sibal said that all laws that applies to Hindus, Muslims, and other religions must be tested on the grounds of discrimination.
Representing the government, Additional Solicitor General Tushar Mehta told the court that Islamic practices in India were not “pure Islam” but an “anglicized” form of the religion.
The State Scores Extra High on Gaming-Friendly Industry Index
Meghalaya scored 92.85 out of 100 possible points in a Gaming Industry Index and proved to be India’s most gaming-friendly state following its recent profound legislation changes over the field allowing land-based and online gaming, including games of chance, under a licensing regime.
The index by the UK India Business Council (UKIBC) uses a scale of 0 to 100 to measure the level of legalisation on gambling and betting achieved by a state based on the scores over a set of seven different games – lottery, horse racing, betting on sports, poker, rummy, casino and fantasy sports
Starting from February last year, Meghalaya became the third state in India’s northeast to legalise gambling and betting after Sikkim and Nagaland. After consultations with the UKIBC, the state proceeded with the adoption of the Meghalaya Regulation of Gaming Act, 2021 and the nullification of the Meghalaya Prevention of Gambling Act, 1970. Subsequently in December, the Meghalaya Regulation of Gaming Rules, 2021 were notified and came into force.
All for the Tourists
The move to legalise and license various forms of offline and online betting and gambling in Meghalaya is aimed at boosting tourism and creating jobs, and altogether raising taxation revenues for the northeastern state. At the same time, the opportunities to bet and gamble legally will be reserved only for tourists and visitors.
“We came out with a Gaming Act and subsequently framed the Regulation of Gaming Rules, 2021. The government will accordingly issue licenses to operate games of skill and chance, both online and offline,” said James P. K. Sangma, Meghalaya State Law and Taxation Minister speaking in the capital city of Shillong. “But the legalized gambling and gaming will only be for tourists and not residents of Meghalaya,” he continued.
To be allowed to play, tourists and people visiting the state for work or business purposes will have to prove their non-resident status by presenting appropriate documents, in a process similar to a bank KYC (Know Your Customer) procedure.
Meghalaya Reaches Out to a Vast Market
With 140 millions of people in India estimated to bet regularly on sports, and a total of 370 million desi bettors around prominent sporting events, as per data from one of the latest reports by Esse N Videri, Meghalaya is set to reach out and take a piece of a vast market.
Estimates on the financial value of India’s sports betting market, combined across all types of offline channels and online sports and cricket predictions and betting platforms, speak about amounts between $130 and $150 billion (roughly between ₹9.7 and ₹11.5 lakh crore).
Andhra Pradesh, Telangana and Delhi are shown to deliver the highest number of bettors and Meghalaya can count on substantial tourists flow from their betting circles. The sports betting communities of Karnataka, Maharashtra, Uttar Pradesh and Haryana are also not to be underestimated.
Among the sports, cricket is most popular, registering 68 percent of the total bet count analyzed by Esse N Videri. Football takes second position with 11 percent of the bets, followed by betting on FIFA at 7 percent and on eCricket at 5 percent. The last position in the Top 5 of popular sports for betting in India is taken by tennis with 3 percent of the bet count.
Local Citizens will Still have Their Teer Betting
Meghalaya residents will still be permitted to participate in teer betting over arrow-shooting results. Teer is a traditional method of gambling, somewhat similar to a lottery draw, and held under the rules of the Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018.
Teer includes bettors wagering on the number of arrows that reach the target which is placed about 50 meters away from a team of 20 archers positioned in a semicircle.
The archers shoot volleys of arrows at the target for ten minutes, and players place their bets choosing a number between 0 and 99 trying to guess the last two digits of the number of arrows that successfully pierce the target.
If, for example, the number of hits is 256, anyone who has bet on 56 wins an amount eight times bigger than their wager.
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