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
May 5,2020

Bengaluru, May 5: After Congress delegation was denied to donate a cheque of Rs one crore to ensure free transportation to migrants, Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar said that Congress party can go anywhere and help anyone they want and BJP leaders must understand what constitutional rights are.

Earlier on Monday, Karnataka Deputy Chief Minister who holds the transport portfolio, Lakshman Savadi suggested the Congress delegation for donating at least Rs 150 crore to the Chief Minister's Relief Fund instead of handing over a cheque of Rs one crore as a donation in order to bear the transportation fare of the migrants.

While reacting to Deputy CM and other BJP leaders' comments, Shivakumar said, "BJP leaders must understand what constitutional rights are. Who are these BJP leaders? They are now entering to help migrant workers after RSS guidelines. They must understand that we are a party and we can go anywhere and help anyone we want."

Congress leaders on Monday met Savadi to handover a cheque of Rs one crore in order to donate money for the migrant workers' transportation.

However, Savadi did not accept the cheque and suggested the Congress delegation to donate a bigger amount to the CM Relief Fund.

While addressing media after meeting the Congress leaders' delegation in the leadership of KPCC president, DK Shivakumar, Savadi said: "Congress has a history and its a wealthy party, still if Congress leaders want to donate, at least they must donate Rs 150 crores to the CM relief fund to fight COVID-19."

DK Shivakumar yesterday slammed the government and urged to depute free transport services to migrant workers, he asserted that Congress will donate money in this regard.

But the Managing Director of KSRTC denied to accept the cheque of Rs one crore and suggested the Congress delegation to meet transport minister or Chief Minister and donate to CM relief funds. Hence, today congress leaders met deputy CM Lakshman Savadi and tried to handover Rs one crore cheque which he did not accept.

After Congress leaders slammed the government and people criticised the decision of collecting bus fares, CM BS Yediyurappa ordered for free transport service to migrant workers.

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News Network
February 5,2020

Bengaluru, Feb 5: The Karnataka government on Tuesday launched the Janasevaka scheme in a few municipal corporation wards to ensure home delivery of various services like ration cards, senior citizen identity and health cards.

The scheme, which was launched by Chief Minister B S Yediyurappa, will pertain to 53 services involving 11 departments.

"Janasevaka under the Sakala scheme is a programme to avail the benefits of government schemes at the doorstep. Our objective is to make the lives of the citizens of Karnataka easy by launching this scheme," the Chief Minister said. Sakala aims to ensure in-time delivery of government services to citizens by practising innovative and efficient management systems through capacity building in government and empowering citizens to exercise their right to service.

Minister for Sakala and Primary and Secondary Education S Suresh Kumar said: "The scheme that was implemented in Dasarahalli area on a pilot basis will now be extended to Mahadevapura, Bommanahalli and Rajajinagar areas."

He added that it will benefit the senior citizens of the city.

If the scheme works well, it will be implemented across Bengaluru in all the 27 assembly segments, Kumar said, adding that based on the experiment in Bengaluru, it will be extended to Mysuru, Mangaluru and Hubballi-Dharwad.

Under the scheme, there will be one volunteer in each ward. These volunteers have been outsourced. A toll-free helpline has been set up for this scheme which will work from 8 am to 8 pm.

A sum of Rs 115 will be charged to provide the home delivery services.

In addition to it, the Karnataka government has also decided to seek information under the RTI Act easy by making it online.

People can apply from home by paying the fee online. This will make the process hassle-free, the Chief Minister said.

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News Network
May 16,2020

Bengaluru, May 16: Health Minister B Sriramulu has sought the aid of Home department for curbing sex work in certain parts of the state - which continues unabated despite lockdown.

“It poses health risks to those involved. I request the department to ensure that the business is prohibited at such a time of crisis,” he stated in a letter to Home Minister Basavaraj Bommai.  

At the same time, in order to ensure the safety of these workers, Sriramulu has asked both the Health department and the Karnataka State AIDS Prevention Society (KSAPS) to come up with a detailed report on rehabilitation of sex workers and transgenders.

The Health minister’s order was prompted by a letter by writer and activist Roopa Hassan. The writer, who was earlier member of a panel (led by actor-turned-politician Jayamala) on the study of issues faced by sex workers, had sought government’s intervention to stop condom distribution to registered sex workers and transgenders, as continuing work during pandemic was posing health risks to the community.

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