📰 SC to hear Rohingya plea for help
Petitionersfeared their execution, says counsel
•The Supreme Court on Friday agreed to hear an urgent plea made by two Rohingya Muslim immigrants against the government’s proposed move to deport their 40,000-strong refugee community back to their native Myanmar, where discrimination and possibly summary executions await them.
•A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud decided to hear the plea of Mohammad Salimullah and Mohammad Shaqir for protection of the life and liberty of their community on September 4.
Protection to life
•The duo, represented by advocates Prashant Bhushan and Pranav Sachdeva, said the Centre’s move to deport them violated the constitutional guarantee that the Indian state should “protect the life and liberty of every human being, whether citizen or not.”
•“If they are deported, they may be executed,” Mr. Bhushan submitted in an urgent mentioning.
•Recently, the National Human Rights Commission issued notice to the government on the proposed deportation plan.
•Panic struck the refugee community following media reports of a statement by Minister of State for Home Affairs Kiren Rijiju in Parliament in early August that the Central government has directed the States to identify and deport illegal immigrants, including Rohingya.
•“The proposed deportation is contrary to the constitutional protections of Article 14 (equality), Article 21 (right to life) and Article 51(c) (respect for international law and treaty obligations) of the Constitution... despite these constitutional and statutory requirements, the respondent 1 (Union) has failed to carry out their obligations to ensure protection to the Rohingya community by proposing to deport them to Myanmar,” the petition contended.
📰 Switzerland for early India-EFTA pact
Free trade and investment agreements will boost economic ties: Doris Leuthard
•The early conclusion of the proposed Free Trade Agreement(FTA) between India and European Free Trade Association (EFTA) as well as an investment protection framework would boost economic ties between the two sides, said Switzerland President Doris Leuthard on Friday.
•EFTA members include Switzerland, Iceland, Norway and Liechtenstein. Speaking at a business session here, Ms.Leuthard said while Switzerland was aware of the sensitivities of both the sides on the pact, “we want to bring the (FTA) negotiations that have been running between India and EFTA since 2008 to an end.”
•“I am sure that in this visit, we will have a better understanding and the push by the Indian Prime Minister and me will help the ministers conclude the pending questions,” Ms.Leuthard said. She added, “I would really like to have India as a strong economic partner with trade agreement and an investment protection framework to be the base of the new era of cooperation.”
•In her address, Commerce and Industry Minister Nirmala Sitharaman said, “I will definitely sit with my team who are going to meet (with EFTA officials) by end of September, that they look into every issue and wherever they need political guidance and support, we are willing to give that.”
•She said India was keen on concluding negotiations for the pact as it would benefit both sides. On the issue of intellectual property rights (IPR), she said India’s IPR regime was in compliance with the global rules and “we shall ensure that the patent, copyrights and trademark rights of any individual or company is respected.” India was ready to address any questions on IPR or concerns on data security, she added.
Data security
•On the data security issues, Ms. Leuthard said data owners’ rights have to be protected to promote investments. “Internet is evolving at a rapid pace but there is a regulatory gap. How do we close that gap, that needs to be deliberated upon,” she said. Ms. Sitharaman said though the topic was discussed at the World Economic Forum at Davos more discussions were required.
•She sought greater participation at the Internet Governance Forum (IGF) to be held in Geneva in December. “Safer Internet for everyone is a way forward...I invite you all,” she said. India-EFTA trade fell to $19 billion in 2016-17 from $21.5 billion in 2015-16. The trade balance was in favour of EFTA members.
📰 ‘India’s growth will rebound to 7%-7.5%’
No link between economic slowdown and demonetisation: NITI Aayog Vice Chairman Rajiv Kumar
•The new Vice-Chairman of NITI Aayog Rajiv Kumar on Friday said he was confident that India’s growth would rebound to 7%-7.5% in the current quarter after declining for five consecutive quarters.
•He also categorically dismissed any link between the slowdown in growth and demonetisation.
•As per official data released on Thursday, India’s GDP grew at 5.7% between April to June this year, the slowest pace in 13 quarters.
•“I am confident that in the July-September quarter, economy will grow by minimum 7-7.5% because re-stocking has started, there is more clarity on the GST and there is prediction for a good monsoon,” said Dr. Kumar, who took charge on Friday, succeeding Arvind Panagariya, who had resigned.
•Dr. Kumar said there cannot be any link between demonetisation and slowdown in GDP because re-monetisation started in the first week of January. “It was only a six-week period between November 8 and December 31 that saw some shortage of currency…so to say that April-June decline in GDP is because of demonetisation is completely false.”
•He reasoned that the decline was mainly due to the fact that the April-June quarter saw active de-stocking by firms in anticipation of GST. “I must plead with you to not take this blip… this quarter’s figure… as any kind of a trend. With due respects to my mentor Dr. Manmohan Singh, this quarterly data cannot be used to say look: I told you that GDP will drop by 2%,” said Dr. Kumar, who termed the Niti Aayog VC job as a dream job for any economist. Recalling the words of a “wise old man standing in a bank queue” who told him why demonetisation made sense, Dr. Kumar said, “Sometimes, you need to take 2-3 steps back, before you leap forward.” Historically, every country which had taken on fundamental governance reforms had seen shrinkage in output, he pointed out.
•Citing the surge in private firms lining up for IPOs to raise funds and the buoyancy in the capital markets, Dr. Kumar said that private investment was picking up.
•Terming the revival of private investment his major priority after job creation, he said that India was a country of entrepreneurs and private investors who accounted for 70% to 80% of total investments. “We have to make sure that the domestic investor sees this country [as] where his role and contribution is appreciated so that private investment can pick up again.”
‘Demand deflation’
•The corporate sector wants to invest because that’s the business they are in. “If they are not investing, and this is changing already as a large number of IPOs are now lined up, it has been because there has been a demand deflation. There are excess capacities in the system and a large number of corporate houses are stuck with weak balance sheets.”
•Terming employment his top priority, Dr. Kumar said it was not important if India faced unemployment or under-employment.
•“The key is to generate jobs. Here, the demand side is important. We keep focusing on then supply side of skills and education alone.”
📰 To clear the path ahead
Abolition of instant triple talaq is the beginning of the process of reforms in Muslim personal law
•Without a doubt, the August 22 Constitution Bench judgment on instant talaq ( talaq-e-bid’a ) was a historic one. For the first time in Indian history talaq-e-bid’awas specifically debated and set aside by the Supreme Court. In the 2002Shamim Aracase a two-judge bench of the Apex Court had delegitimised this medieval practice only when it was not properly pronounced and preceded by attempts at reconciliation. But the latest ruling completely and unconditionally invalidates talaq-e-bid’aand renders it bad in law . The Koranic procedure of talaq is the only way by which a Muslim husband will be able to divorce his wife from now on. It is time then to recap the judgment to chart out the next steps.
The majority judgment
•The path that was taken to arrive at this landmark decision was tortuous, but intellectually invigorating. Justices R.F. Nariman and U.U. Lalit started off by correctly concluding that talaq-e-bid’a cannot be excluded from the definition of “talaq” mentioned in Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. Additionally, they declared that as the Shariat Act was a law made by the legislature before the Constitution came in force, it would fall 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 Part III of the Constitution, to the extent of the inconsistency.
•Surprisingly, the two judges chose not to examine if the Narasu Appa Mali ruling was a good law. This judgment had held that personal laws cannot be tested against the provisions of Part III of the Constitution. Nonetheless, having brought the 1937 Act under the ambit of Article 13, the judges analysed several engrossing Supreme Court pronouncements to show how capricious, excessive and disproportional laws are “manifestly arbitrary” and the very antithesis of equality.
•But the biggest achievement of Justices Nariman and Lalit is their harmonisation of constitutional equality with Koranic egalitarianism. This was done by endorsing the Koranic law of talaq mentioned in Shamim Ara and declaring talaq-e-bid’a to be “manifestly arbitrary” and violative of Article 14 because it allows a Muslim man to break the marriage “capriciously and whimsically” without attempting to save it through reconciliation. On these grounds, Section 2 of the 1937 Act was struck down as being void to the extent that it recognises and enforces instant talaq.
•Interestingly, Justice Kurian Joseph, even while fully agreeing with the doctrine of manifest arbitrariness on the pure question of law, disagreed with Justices Nariman and Lalit that the 1937 Act regulates instant talaq and hence can be brought under Article 14. In his view, talaq-e-bid’a can be set aside without testing any part of the 1937 Act against Part III of the Constitution. As the whole purpose of the Shariat Act was to declare Shariah as the “rule of decision”, any practice that goes against the Shariah cannot be legally protected. Talaq-e-bid’afalls outside the Shariah because it goes against its primary source, the Koran. Therefore, what is bad in theology is bad in law as well.
•Those who criticised the authors of the majority judgment for grounding the crux of their ruling in the Koran ignore the fact that personal laws of all communities in India enjoy constitutional protection. And as these laws are sourced from religious scriptures in most cases the Apex Court cannot but uphold the right of individuals and groups to profess, practise and propagate everything that forms an essential part of their religious scripture, subject to the provisions of Article 25(1). It may be pointed out here that the Koranic procedure of talaq that was implicitly upheld in this judgment does not in any way violate our constitutional values.
The minority opinion
•In their 272-page ruling former Chief Justice J.S. Khehar and Justice S. Abdul Nazeer, in contradiction to the majority judgment, declared talaq-e-bid’a to be an essential part of the Hanafi faith and gave it protection under Article 25(1). However, this view does not stand up to scrutiny as it is based on the flawed theological premise that a religious custom which has been in vogue for several centuries automatically becomes integral to the denomination that practises it. Such a stance is not consistent with the teachings of the Koran.
•Had Justices Khehar and Nazeer given weight to the overwhelming evidence in the Koran and authentic hadeeses against instant talaq they could have avoided the problematic invocation of Article 142 to direct the state to enact an “appropriate legislation” on talaq-e-bid’a . One fails to understand how after having declared instant triple divorce a fundamental right under Part III of the Constitution the judges could direct the state to bring a law against it. Article 13(2) clearly states that the “State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.” Even Justice Kurian had expressed “serious doubts” if the exercise of a fundamental right can be injuncted under Article 142.
•The minority view also failed to appreciate the fact that hadeeses quoted by the AIMPLB were comparatively less authentic than those cited in High Court judgments relied upon by the petitioners which were from the six most authentic Sunni hadees books ( Sihah Sitta ). The AIMPLB cited just one report from Sihah Sitta (Hadees No. 5259 from Sahih Bukhari) in which instant talaq is mentioned. But this hadees does not show any Prophetic support for talaq-e-bid'a . It clearly states that the man who pronounced “triple talaq” did so “without the Prophet’s command.”
Implications of verdict
•As pointed out above, the biggest goal attainment for Muslim women is the realisation that talaq-e-bid’a in any of his manifestations will not dissolve the marriage. This renders redundant not just halala but the incorporation of a platitudinous advisory against instant talaq in the nikahnama . There is also scope now to amend the 1937 Act, even without designating it as statutory law, to exclude talaq-e-bid’a from the definition of the word “talaq” mentioned in Section 2, and make the Koranic procedure of talaq gender-neutral. Indeed all provisions of the Shariah mentioned in the 1937 Act can be similarly redefined to bring them in conformity with the humanitarian teachings of the Koran and the Prophet.
•This judgment will also encourage legally and theologically informed Muslim intellectuals to establish mediation centres across India under the Alternative Dispute Resolution (ADR) mechanism to help Muslim couples amicably resolve their marital disputes. To echo the feelings of many, this is not the end but the beginning of the process of reforms in the Muslim personal law. The biggest challenge, however, would be to inform the Muslim masses that the abolition of talaq-e-bid’a is not against the Shariah but has, on the contrary, brought it closer to the original principles of Islam.
📰 Unending slowdown
Momentum must be restored before low inflation and energy prices reverse direction
•India’s economy continues to decelerate with the government’s estimate for first-quarter gross domestic product pegging growth at a 13-quarter low of 5.7% in April-June. The reasons for the protracted slowdown — a slide of five straight quarters from 9.1% in March 2016 — are many and varied. But there is little doubt that the demonetisation exercise combined with the uncertainty around the July 1 adoption of the new indirect tax regime served to significantly dampen economic activity. While the GST-related “inventory deaccumulation” that Chief Statistician T.C.A. Anant referred to may well be reversed in the current quarter as companies across sectors gain comfort with the new tax regime, it is still doubtful whether demand for industrial output is going to attain any meaningful strength. The Reserve Bank of India last month said that its industrial outlook survey had “revealed a waning of optimism in Q2 about demand conditions across parameters and especially on capacity utilisation, profit margins and employment.” A look at the sector-specific trends shows that manufacturing expansion in gross value added (GVA) terms has slackened to a near stall at 1.2%. This, from 5.3% in Q4 of the last fiscal and 10.7% a year earlier, is a far from heartening sign. With capacity utilisation expected to weaken this quarter, according to the RBI, and with surveys suggesting that consumer sentiment has deteriorated steadily in August, the auguries for a demand rebound are far from promising.
•While expressing concern about the slower-than-expected expansion, the Finance Minister has acknowledged that the challenge before the government now is to work out both policy and investment measures to boost momentum. One option would be to suspend the fiscal road map for a limited period in order to pump prime the economy through increased capital spending by the government. The risks of fiscal loosening are of course manifold, especially at a juncture when several State governments have either announced or are contemplating large-scale farm loan waivers, which would push up interest rates and crowd out fresh lending. Still, there is a thin sliver of a silver lining in the GDP data. The services sector continues to remain buoyant. Quarterly GVA across this broad swathe that encompasses trade, hotels, transport, communication and broadcasting accelerated to 11.1%, from 6.5% in the fourth quarter, faster than the 8.9% posted in the corresponding period last year. The civil aviation sector saw passenger traffic soaring by 15.6%, and construction activity, a provider of jobs, also ticked up by 2%. The Finance Minister has his task cut out: to find ways to restore momentum before the tailwinds of low inflation and affordable energy prices start reversing direction.
