Triple Talaq has no place in a secular country: Centre tells Supreme Court

October 8, 2016

New Delhi, Oct 8: The Centre on Friday opposed before the Supreme Court the practice of triple talaq, saying anything that is subjected to the whims of menfolk was incompatible with the principle of gender equality and justice as enshrined in the Constitution.

talaq“Gender justice and dignity of women are non-negotiable and overarching constitutional values, and can brook no compromise in a secular country like India,” the government stated. In an affidavit, the NDA government contended that triple talaq, nikah halala' (bar against remarriage with divorced husband, without an intervening marriage with another man) and polygamy cannot be regarded as an integral part of the religion.

“Even theocratic countries where Islam is a state religion have undergone reforms, so these practices cannot be regarded as integral to the religion and India being a secular republic, there is no reason to deny the women rights available under the Constitution,” the law ministry said.

Coming out in support of a batch of petitions, including one by advocate Balaji Srinivasan on behalf of Shayara Bano, the government said the issue of the validity of triple talaq, nikah halala' and polygamy needs to be considered in the light of principles of gender justice and overriding constitutional principles of non-discrimination, dignity and equality.

The Centre stated: “Secularism being a hallmark of Indian democracy, no part of its citizenry ought to be denied access to fundamental rights, much less can a section of secular society be worse off than its counterparts in theocratic countries, many of which have undergone reforms.”

The Centre said though polygamy was regarded progressive and path-breaking centuries ago, in light of the principle of gender justice, it required “serious reconsideration”.

Triple talaq, nikah halala' and polygamy cannot be regarded as essential and integral part of the religion and would therefore be not entitled to protection under Article 25 (right to practice religion) of the Constitution, it added.

Even an affidavit by the Muslim Personal Law Board has referred to those practices as “undesirable” and which cannot be elevated to essential religious practice, the government said.

“Personal laws must be examined in the light of the overarching goal of gender justice and dignity of women... Any provision of the personal law which is inconsistent with fundamental rights is void,” the government said. Can personal laws, meant to preserve diverse identity, be used as a pretext to deny women equality and status available under the Constitution, the Centre asked

Comments

shaji
 - 
Monday, 10 Oct 2016

Muslim Ulemas need to educate Ummah on Talaq issue as it is being misused and practiced incorrectly. It is not surprising that Central Govt is not accepting Shariat in the presence of advisers like MJ Akbar, Mukhtar Abbas, shanawaz, Muneer kallapally etc who have zero knowledge about islam. These people are traitors like Mir Qasim and busy in appeasing BJP high command.

Go Moothra
 - 
Saturday, 8 Oct 2016

Viren ......wish to become Muslim as we have a chance to marry 4 wives...... Bad luck......

but you should also know that you can marry 4 wives only if you can maintain Justice between which is almost a difficult task for Non Muslim...because we eat beef and have the strength to maintain all the daily aspects ....unlike a Fanatic Hindutva activist... who eat beef but with bear or whisky or rum

Abdulla
 - 
Saturday, 8 Oct 2016

Please watch this
MAJHA VISHESH : Aurangabad: Discussion on Ban Muslim Triple Talaq Law

Also this...
Br.imran Answering About Triple Talaq To a Non Muslim Sister.

And YOU judge yourself....

Kaizer
 - 
Saturday, 8 Oct 2016

People doesnt know what exactly triple talaq means
Wel Said Ahmed KC
there are some rulings in triple talaq, it doesnt mean u say triple talaq and the relationship goes invalid.
Follow the exact rulings of triple talaq which will be a best solution for everyone.

Ahmed K. C.
 - 
Saturday, 8 Oct 2016

Muslims are taking advantage of \triple talaq\" without knowing the correct way of \"triple talaq\"
If followed in the right way, there is no better solution than this for any broken marriages."

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News Network
April 4,2020

Mangaluru, Apr 4: The mother and grandmother of the 10-month-old baby boy, under treatment at a private hospital in Deralakatte here for COVID-19 infection, tested negative.

Doctors at the hospital said the condition of the infant, who was admitted with an acute respiratory infection, was stable and there had been a good response to the treatment being given in isolation.

The child, hailing from Sajipanadu Village in Bantwal Taluk was admitted to a hospital at Deralakatte in Mangaluru for treatment on March 23 as it had developed respiratory problems. 

On March 24, the child’s condition worsened and hence his throat swabs was sent for COVID-19 testing. On March 27, reports of the tests confirmed that the child was infected with COVID-19.

Health authorities are of the view that the baby might have contracted the disease when the family travelled recently to Kasaragod in Kerala, a district identified as a hotspot for Coronavirus.

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News Network
April 24,2020

Wayanad/Thiruvananthapuram, Apr 24: Amid the strict lockdown, a school teacher travelled from Thiruvananthapuram to Muthanga in Wayanad -- a distance of about 465 km -- on her way to neighbouring Karnataka en route to Delhi following which cases have been registered against her and an excise official.

The woman, Kamna Sharma, said to be working in Kendriya Vidyalaya, Pattom, undertook the journey on April 21 along with her two year-old daughter, police sources told news agency PTI.

An Excise Circle Inspector, Shahjahan, had provided his vehicle to travel allegedly on the instructions of Malappuram excise officer, in whose private vehicle, the woman and the child had reached Wayanad border from Thiruvananthapuram, the sources said.

The two were charged under the Kerala Epidemic Act and various sections of the IPC including sect 269 (negligent act likely to spread infection) and 271 (disobedience to quarantine rule).

Because of the lockdown even inter-district travel is not allowed by police and district administration, unless there is an extremely genuine reason.

A senior police official in Thiruvananthapuram said he does not remember issuing any such pass.

The woman may have "misused" government machinery as private vehicles would have been stopped somewhere during the long journey, he said.

She came to Kalpetta in Wayanad allegedly in an official car of the excise department.

Wayanad District police chief R Elango said that an FIR has been filed based on preliminary information and investigations have begun.

"We will check if she has followed procedures in obtaining a pass and if she made any false claim to get the pass."

As per preliminary information the woman came in an excise official's car from Thamarassery (Kozhikode) to Muthunga(Wayanad), he said. Her mode of transport before that--from Thiruvananthapuram to Wayanad--will also be investigated, he said, adding they have no information if she has reached Delhi.

"We will track down her movement," he said Meanwhile, theWayanad district administration has intensified the lockdown protocol from Thursday to prevent people's movement within and from outside the district/state.

Interception at all the check posts on district an state borders of the district, bordering Tamil Nadu and Karnataka, will also be intensified. No one would be allowed to travel frequently to and fro the district under the pretext of official duty.

Wayanad collector Adhila Abdulla said officials from outside the district will no longer be allowed to commute daily.

"Elderly people above the age of 65 should confine to their homes unless it is extremely urgent or unavoidable. Cases will be registered against family members who allow elderly people to go out for buying medicines and other essentials," she said.

Senior citizens, who live alone, can call either the Fire (101) or Police (100) departments for any help and to get things they need, the collector said.

Whatever relaxations were in place have also been withdrawn with effect from Thursday, she added.

Wayanad and Thiruvananthapuram come under the "Orange B" zone where there are some relaxations.

However, Thiruvananthapuram city limits falls under the hotspot area.

Police said a case was also registered against a doctor and her husband who entered Kerala from Tamil Nadu border.

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coastaldigest.com news network
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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