Triple talaq and polygamy ruin lives: NCW tells Supreme Court

November 8, 2016

New Delhi, Nov 8: Registering its strong opposition to the practice of instant divorce as well as polygamy practised by Muslim men, the National Commission for Women(NCW) has told the Supreme Court that triple talaq was unconstitutional and had ruined the lives of many women.

talaq"The commission is partaking of a large number of cases relating to women who have been at the receiving end of the practice of unilateral talaq. Triple talaq (talaq-e-bidat), nikah halala and polygamy are unconstitutional because they compromise the rights of Muslim women (or women who marry into Muslim community) to their disadvantage, which is detrimental to them and their children," the NCW said.

In its affidavit filed on Saturday in response to a bunch of petitions moved in the apex court by several women, the NCW said, "These practices -- triple talaq, nikah halala and polygamy -- should be strictly prohibited. NCW is supporting the stand of the Union government and is adapting the affidavit filed by it."

The Centre had filed its affidavit in the SC on October 7 and had requested the court to abolish 'triple talaq' and polygamy, terming them as unconstitutional customs hurting gender equality and women's dignity. The Centre had, however, refrained from linking its stand on triple talaq with the demand for Uniform Civil Code (UCC).

It had said that "gender equality and the dignity of women are non-negotiable, overarching constitutional values and can brook no compromise". Liberally throwing in arguments on secular practices, the Centre said one section of women in society could never be worse off than others.

It said even Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt, Sri Lanka and Iran had reformed their laws and had given equal rights to women in matrimony.

"In considering the issue of validity of triple talaq, nikah halala and polygamy which mainly concerns the issue of gender justice and overriding principle of nondiscrimination, dignity and equality, any plea pertaining to Uniform Civil Code is not relevant," it had said.

"Women must be equal participants in the development and advancement of the world's largest democracy and any practice (triple talaq and polygamy) which denudes the status of a citizen of India merely by virtue of the religion she happens to profess, is an impediment to that larger goal," the Modi government had said.

The Centre said triple talaq, nikah halala and polygamy could not be regarded as essential or integral part of religion and would not be included under the ambit of Article 25 of the Constitution that guarantees a citizen the right to practice and profess a religion of his choice.

The Centre had picked on the affidavit filed by All India Muslim Personal Law Board, that had defended the practices as religion-sanctioned customs even while terming them undesirable.

"No undesirable practice can be elevated to the status of an essential religious practice," the Centre said.

Comments

Lloyd Dsouza
 - 
Tuesday, 8 Nov 2016

Arif.... U r right Talaq happens in all community but there is control over it & justice is there for both women n men, but here some Muslims just throw girls like a saliva, if need swallow it no need spit it. Talaq means her life is ruined forever bcoz ur community doesnt give chance or educate women which will lead her life miserable but in other community its not like that if a Women is divorced very next day she will be mingling with society as if nothing happened , life should move for everyone as we are all humans.

shahida
 - 
Tuesday, 8 Nov 2016

Mr Mujeeeb, control ur tongue , i am a proud namazi muslima ... i have great faith in my religion and i am also strong believer in my country's constitution . we need justice which is guaranteed in the constitution . you cannot understand the trauma , i wish ur sisters or daughters must face the similar situation , then you will understand the pain which i felt . Comment no 9, what do you think about women ? is marrying a change of dress ,even we have feelings . dont float irresponsible comments . be it handful of crores of women , we need common civil code , so that we can gril people who are evading responsibilities under the garb of religious laws .

Arif
 - 
Tuesday, 8 Nov 2016

@Lloyd Dsouza,

The people who mis-use the triple talaq is very few. It is minority within minority. Talaq is not a favorable thing in Islam, neither it is encouraged. It is last option for the couple to separate, instead of bearing each other f

Farzana Ubaid
 - 
Tuesday, 8 Nov 2016

God Almighty has revealed a separate Chapter on divorce - At-Talaq. (Holy Quran:65). Divorce in Islam is not as how you see in India or anywhere else. Also... It is in the Holy Quran that you can marry four wives ONLY if you can do JUSTICE among them.. Do read it..and understand. may He guide us all.

Lloyd Dsouza
 - 
Tuesday, 8 Nov 2016

Triple Talaq.....means u can marry any women then Divorce anytime & find again anyone. U mean u r committing Adultery.
Someone above said we have to read Quran to understand Islam properly, agreed we will read but what u people doing after reading Quran properly if u read it properly u should have been good example to others so that people may inspire by you to read Quran.
Reasons for Divorce :
A NRI from Dubai married a girl from kerala after a month of enjoyment with her he went to Dubai & announced Divorce through phone ....y? Reason he fulfilled his sexual desire from her.
A women who cant give birth to Male child will also get divorced.
A Women became old then shez no more beautiful , u can divorce?
A Man found & love with other girl after marriage also will divorce in Name of triple talaq.
If these things are good according to u & Quran i really dont want to read it.

Rikaz
 - 
Tuesday, 8 Nov 2016

more or less Muslims are ignorant and uneducated about triple talak method....religious preachers should shed more light on this matter in every nukes and corners of India...like how it should be done etc....as far as Mrs. Shahida, she is right from her view point and experience....many women are suffering from misused way of giving talak in India....which is not at all good....if we cant fix this problem somebody else will easily put their nose in to it (BJP & RSS)...scary....

aharkul
 - 
Tuesday, 8 Nov 2016

Dear Mr. Ponder, You told correct let all human being in India study Quran with meaning then they will understand the value of Triple Talaq. This Mrs. Shahida didnot practice Islam correctly and she do not know about Islam and Quran as well as Hadith. So let her first make the study of Islam properly before supporting such finger count women group..

mujeeb
 - 
Tuesday, 8 Nov 2016

Shahida, if you have no respect to Islam and Sharia, why dont you leave it and accept other religion which will give you more respect than islam. Why are you favoring change in sharia whereas 99.99 percent women are favoring it and dont want any change in Sharia. Dont be a Munafiq. None is forcing you to practice Sharia. You have no right to ask for change in Sharia. It will remain unchanged at any cost. We dont need name sake people like you. If you want to follow Saitaan go ahead and enjoy his company. If you have no respect for men, dont get married to any man and better marry a female or else. NCW has no right to interfere in Muslim personal law. NCW is not concerned about the tragedies being faced by muslim women and they are worried about Talaq. This is disgusting and unacceptable. It will be better if NCW keeps away from Talaq issue. This is not your headache. Its our issue and we will solve it. You should not and never change a rule in favor of 0.0000001 percent misguided and hired women.

Maq Sr.
 - 
Tuesday, 8 Nov 2016

Sister Shahida,

If your husband had given you divorce, forget him for ever. Live as dignified woman with respect and honor instead of leading life as his slave. Islam has given you right to remarry a man of your choice.

Skazi
 - 
Tuesday, 8 Nov 2016

Our Moulanas need to study Quran , for the procedures laid down for Talaq .... If that is followed, there will not be such situations ....

Why the men are in a hurry to give the talaq in one saying .... let them wait for 3, 3, 3 months period and complete the talak procedures as per quran ....

Arif
 - 
Tuesday, 8 Nov 2016

Why boycott polygamy???
Bcos it gives security, clothing, food, shelter to more women and their children?
Bcos it upholds the statuses of women in the society?
Bcos it gives her protection and honor in the society?
Bcos it gives a widows a chance to lead a decent life?
Bcos it gives a un-married aged woman a chance to have a husband and have a decent life?

Why no boycott for having unlimited girl friends, live-in relationships???
Bcos it ruins the life of women?
Bcos it hardly gives any statuses to women in the society?
Bcos it doesn't guarantee security, clothing, food, shelter for women?
Bcos it doesn't give protection to the children after the affairs?

Polygamy is much more than fulfilling the sexual desire of men.

Just imagine giving divorce thru our existing slow lethargic judicial systems, you ask for divorce and wait for 2-3 years to get the response. If the women who happens to seek the divorce from a drunkard, she has to bear him till court gives the clearance.
I oppose instance triple Talaq which is not a part of Islam, but I appreciate the triple Talaq system which gives protection to family system from breaking away so easily without giving proper due process of mutual consultation and settling the scores between husband and wife, involving people from two parties and with the final arbitration from the local khazi of the place.

analyst
 - 
Tuesday, 8 Nov 2016

These are all the bunch of women who destroyed the life of their husbands. Merely a handful number are not representing 20 crores. Ignore them those who are ignorant about their religion.

PONDER
 - 
Tuesday, 8 Nov 2016

READ QURAN:
Whole mankind will understand who is Ignorant and who's not?
QURAN is a manual for whole of Mankind and not just muslims or arabs...
There are many Laws that will be understood only when you use your intellect and find the reason and logic behind such divine law..
ALLAH(God) has given intellect to everyone of his creation i.e HUMAN... and we should utilize it ... Unless we find out by research and reason and logic we are ending up just like the animals which is also a creation of God...

May ALLAH guide us all and to understand the divine law better and to implement with faith...

Khasaikhane
 - 
Tuesday, 8 Nov 2016

Yes, Your name is Shahida.

ShahidaMMa, Please fight for equal rights under constitution. Uniform Civil Code is what you need - good for you.
There should be no gender bias, Let women get same treatment as men
Let us first start off with;
- Special bus, queues, seats for women, should be banned.

Then we can talk of implementing No gender bias under Uniform Civil Code!! LOL!

PRAMOD
 - 
Tuesday, 8 Nov 2016

#2 Shahida, if you want to bring this law, and if you know the pain, then dont get delay go and marry Mr. Modi.

shahida
 - 
Tuesday, 8 Nov 2016

We want equal rights under constitution . How long can we sustain this great injustice ? me being a divorcee , i know the pain and mental trauma . Central govt must bring this rule .muslim women have faced and continue to face gender bias .

Khasaikhane
 - 
Tuesday, 8 Nov 2016

- Prostitution in India [ 3 Million women according to reports ] continues, breaking the existing law.
- Live-In Relationships, ruining lives of men and more of a women.
- Unmarried Females, Having no choice in personal life - God save them!

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News Network
January 29,2020

Newsroom, Jan 29: Karnataka’s capital has earned the unwelcome distinction of global capital of traffic congestion. According to a report by TomTom, the Netherlands-based global provider of navigation, traffic and map products, Bengaluru beat 415 other cities across 57 countries to earn the title of world's most traffic congested city in 2019.

“Bengaluru takes the top spot this year with drivers in the southern Indian city expecting to spend an average of 71% extra travel time stuck in traffic," TomTom said in the ninth edition of its annual Traffic Index.

Three other Indian cities, namely, Mumbai, Pune and New Delhi are also ranked in the 2019 edition of TomTom’s Traffic Index of the world’s most traffic-congested cities. 

The report released on Tuesday ranks cities by the average time added to a trip. TomTom index also includes details on when congestion is heaviest and lightest, how highways compare with surface streets, and how much time drivers wasted waiting for other drivers to get out of their way.

Following closely on the heels of Bengaluru is Manila, Philippines, with the similar 71% traffic congestion. Among the top five worst traffic affected cities are Mumbai and Pune from India at the fourth and fifth place respectively, while Bogota, Colombia is on third spot.

Delhi, the national capital of India is on the 8th spot, while Moscow (Russia), Lima (Peru), Istanbul (Turkey) and Jakarta (Indonesia) are on 6th, 7th, 9th and 10th spot respectively.

Mumbai recorded a 65% traffic congestion with 9th September, 2019 being the worst day. On an average, a Mumbaikar lost 209 hours in traffic congestion. Pune has 59% traffic congestion with 2nd August, 2019 being the worst day. 193 hours are lost due to congestion. Delhi, on the other hand, has 56% traffic congestion. 23rd October, 2019 was the worst day, while 190 hours are lost in traffic congestion.

Interestingly, among all the four Indian cities, Delhi has the most number of cars. Previous studies have concluded that Delhi has the best road conditions among the Metro cities of India.

If you are wondering what exactly the percentages mean, a 53% congestion level in Bangkok, for example, means that a trip will take 53% more time than it would during Bangkok’s baseline uncongested conditions.

TomTom calculates the baseline per city by analyzing free-flow travel times of all vehicles on the entire road network – recorded 24/7, 365 days a year. The report by Dutch navigation and mapping company ranks cities by the average time added to a trip. It also includes details on when congestion is heaviest and lightest, and how much time drivers wasted waiting for other drivers to get out of their way.

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News Network
June 9,2020

Thiruvananthapuram, Jun 9: Malls, restaurants and places of worship opened in Kerala on Tuesday morning after over two-and half months of Coronavirus induced lockdown. There were very few visitors in the malls and restaurants in the early hours and people preferred takeaways in eateries.

Various temples, including the famous Lord Krishna temple at Guruvayoor, a few churches and mosques opened in the state for the devotees. The Guruvayur shrine opened at 9.30 am and around 150 people, who had booked through virtual queue system, offered prayers.

Devotees wearing masks were seen standing adhering to the social distance norm. A faithful at the guruvayur temple said he had booked for darshan on Sunday and was happy to be offering worship after a long gap. "This is a realisation of a dream", he said.

In the state capital while the famed Lord Padmanabha swamy, Pazhavanangadi Ganapathy and Attukal Bhagavathy temples remained shut, the SreekanteshwaraShiva shrine and Lord Hanuman temple near the state assembly were among those which opened for darshan. The names, age and other details of the worshippers are also being collected by the temple authorities before letting people in. Another devotee said it was very painful not to go to the temple and expressed happiness over reopening of the shrines.

The virtual queue booking for devotees to offer worship at the hill shrine of Lord Ayyappa temple at Sabarimala would commence from Wednesday. Devotees from other states have to produce a Covid-19 negative certificate while booking,sources in the Travancore Devaswom Board (TDB), administers the temple, said.

The Ayyappa shrine would open from June 14 to 28 for the five day monthly pooja and temple festival and only 10 people would be allowed inside the shrine at a time, sources said.

Most of the over 1,200 temples under the TDB, have opened while those under the Nair Service Society (NSS), an organisation of the Nair community and few other shrines were shut. The state government, which had come under attack from the BJP and Hindu Aikya vedi for opening the temples in a "hasty manner" has maintained that the decision was taken in line with the Centre's Unlock-1 guidelines and said those opposing the move had earlier wanted devotees to be allowed into the shrines.

As per the centre's Standard Operating Procedures, social distancing should be followed in all the places of worship and devotees should wear face mask are among other precautions in view of the COVID-19 pandemic.

Those above 65 and children below 10 years would not be allowed in places of worship, distribution of food, refreshments and offertory blessings (prasadams), sandalwood paste or ashes should be avoided. Thermal scanners to check body temperatures, sanitiisers, arrangements for washing hands, were all provided in the temples and other places of worship which opened this morning, In churches in the state capital, Kochi and Kozhikode, allowedthe faithful inside after disinfecting the place.

The orthodox church synod is being held on Tuesday which will take a decision on whether or not to open their places of worship. Few mosques were also open in some places.

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News Network
January 15,2020

Davangere, Jan 15: Karnataka Chief Minister B S Yediyurappa on January 14 threatened to resign when the seer of 'Panchamasali Guru Peetha' warned that the community will leave him, if a BJP MLA from the community is not made the minister during the upcoming cabinet expansion.

The chief minister, who is awaiting the BJP high command's nod to expand his cabinet, amid intense lobbying by the aspirants, wanted the seer Vachanananda swamiji and the 'Panchamasali' community to understand his "situation." Yediyurappa pointed out that he has come to power because of the Congress-JD(S) legislators who rebelled against the then coalition government.

The incident took place when Vachanananda swamiji, while addressing an event at Harihara, near here, said "chief minister, you are a good person, Murugesh Nirani (BJP MLA)has helped you a lot, he has stood by you..if you leave his hands this time, the united Panchamasali community will leave your hands." As the swamiji was making this statement, Yediyurappa, who was seated next to him, rose and threatened to leave the stage.

"If you speak like this I will go away...what are you speaking...kindly pardon me, I will leave, you should not speak like this, if you speak like this I can't work..you can give me suggestions, you cannot threaten me," he said, as the swamiji tried to convince Yediyurappa and asked him to take his seat.

As Yediyurappa acceded to his request, the seer said he was not threatening him but was putting forward the rights of the community. The chief minister, who was visibly upset, was seen talking to Home minister Basavaraj Bommai next to him, who even tried to convince the seer not to continue with the topic. Nirani, a MLA from Bilgi who was Industries minister in the previous Yediyurappa government, was seated on the stage when the incident occurred.

Later addressing the event, Yediyurappa said he was not "selfish" and was even ready to resign.

"Vachanananda swamiji has spoken, through you I request him to understand my situation also. If 17 legislators (Congress-JDS), few even as ministers, had not resigned and stayed away, Yediyurappa could not have occupied this Chief Minister position.

You (swamiji) need not make people raise their hands on any demand, if you tell me, I'm ready to listen to you," he said.

Stating that he was ready to take suggestions from the swamiji on all issues, including on how to run the administration for the next 3 years, Yediyurappa said "I'm ready to bow my head and listen to it, if you don't want I'm even ready to resign and go home, I'm not someone who wants to stick to the chair."

Further noting that if he says that the financial condition of the state is not good it will become headline in papers tomorrow, he said he will have to wait till March for the situation to improve.

"I dont have selfishness, I'm aware that if the Panchamasali-Lingayat community had not stood by me, I could have not sat on this chair (CM)... but kindly understand my situation also," he added.

Yediyurappa is expected to expand his ministry later this month after discussing with BJP national president Amit Shah during his visit to the state on January 18.

As the chief minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on within the party for the remaining ministerial berths.

Currently there are 18 Ministers, including the chief minister in the cabinet that has a sanctioned strength of 34.

The cabinet expansion will not be an easy task for the chief minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make place for the old guard, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with allocation of key portfolios.

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