Will deal with only legal aspect of triple talaq: Supreme Court

February 14, 2017

New Delhi, Feb 14: Supreme Court on Tuesday said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.muslim-marriage copy

"You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues," a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.

The bench made it clear to the parties concerned that it would not deal with the factual aspects of the particular case and would rather decide the legal issue.

"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.

The apex court said that the question whether divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.

The court, meanwhile, allowed the lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The ministry of law and justice referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

Comments

Hindustan Hamara
 - 
Tuesday, 14 Feb 2017

Spineless government is mute spectator to dalit discrimination and rss terrorism talking about Muslim Law. Chaddi Ravi Shankar Prasad should resign. He is not good for Indian Society. Who is he to say what is good for Indian Muslims? Can I say that beef is good for Brahman and it is law that every Brahman should eat beef along with vegetables? Triple talaq in one sitting is not widely practiced in India but it is ISLAMIC LAW which can be applied in rarest of rare case subject to Qazi'? approval. Triple talaq in 3 sitting is widely practiced in Indian society. Govt should think about improving people'? lives rather than peeping in people'? bedrooms and bathrooms.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 14,2020

Bengaluru, Apr 14: Despite lockdown in the country to contain the spread of coronavirus, former chief minister of Karnataka and Janata Dal-Secular leader, HD Kumaraswamy has decided to go ahead with marriage of his son Nikhil.

"Marriage will be performed in closed doors among the family members, which may be around 50 people. Family members only will be present in the marriage and all the precautionary measures will be followed as per the guidelines given by the government," Kumaraswamy said.

Nikhil Kumaraswamy, who contested Lok Sabha election from Mandya, is also the national youth wing president of Janata Dal-Secular. His marriage has been fixed with niece of former Congress minister M Krishnappa on April 17.

"Date was fixed months ago and we canot miss the good star and holy muhurtham. That is why we have decided to perform marriage on the fixed date among the family members," he said.
Marriage will be performed at bride Revati's residence.

Earlier Kumaraswamy and family had plans to perform the marriage at a location near Ramnagar, which is also former chief minister's constituency.

Comments

Ahmed A.K.
 - 
Tuesday, 14 Apr 2020

In India, every section has their own choice even if the country is facing a serious problem also.

 

they will never follow anyones order.

My country is great!!!!!

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 19,2020

Bengaluru, May 19: Containment zones in Karnataka will be much smaller in size under the latest lockdown norms. However, rules and loopholes will be tightened and action against violators will be stringent in order to check the spread of the disease.

Revised guidelines issued by the Centre to the state, reveal containment zones are delineated based on mapping of cases and contacts. Intensive action will be carried out in these areas with the aim of breaking the chain of transmission. Therefore, the area of a containment zone should be appropriately defined by the district administration/local urban bodies with technical inputs at local level.

The health department is considering shrinking the size of containment zones from the existing 100 metres to open up more space for economic activities. Medical education minister K Sudhakar, also a member of the Covid taskforce, said additional chief secretary (health department) Javed Akthar will issue a new definition of a containment zone after the Covid-19 taskforce holds its next meeting.

“We are planning to further shrink it and restrict containment zones to an apartment complex, independent house or even a lane where the Covid-19 patient resides,” Sudhakar said. He went on to say bigger containment zones will impede businesses and normal activities in the vicinity, something which the government wants to avoid.

The minister said Karnataka will also do away with colour-coding districts. “With restrictions being relaxed for almost all activities, it does not make sense to pursue with colour codes. It is either containment zone or outside containment zone,” he said.

In rural areas, the minister said containment zones will be identified by the taluk heads. Government sources say it is difficult to restrict activities to certain areas or smaller location in rural areas as farmers and people will have to travel to the outskirts of their villages for their livelihood.

An official said, a containment operation (large outbreak or cluster) is deemed successful when no case is reported in 28 days from the containment zone.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 13,2020

Bengaluru, Apr 13: Eminent scientist and NITI Aayog member V K Saraswat said on Monday the number of COVID- 19 cases is not going to go beyond what's being reported daily in India as he maintained that the country is in the process of flattening the curve.

The former Scientific Adviser to Defence Minister said the coronavirus positive cases have seen a sharper rise in the last four-five days because of increase in the number of testing.

"It's a good sign; all those asymptomatic cases lying hidden they are also coming out," Saraswat told PTI. "We certainly had a catalytic factor which was basically this (Nizamuddin) Markaz problem which has actually created clusters at different places and that has also been one of the factors for the kind of rise that has taken place."

But he said India is in a much better shape compared to other nations in the battle against COVID-19. "I can only say that the rate is not going to go beyond what has been going on now, may be 700 to 800 cases per day. So, we are in the process of flattening the curve."

The government's decision to declare nation-wide lockdown has paid dividends, Saraswat, a former chief of the Defence Research and Development Organisation, said.

Noting that India has seen a series of virus attacks in the last 15-20 years including Chikungunya and Dengue, he said the emphasis now should be on more and more R & D to find vaccines in advance.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.