SC suspends triple talaq for 6 months, asks Parliament to make a law

Agencies
August 22, 2017

New Delhi, Aug 22: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect. The top court also asked the Parliament to bring in the new law to govern the issue. Three out of five judges hearing the case have declared triple talaq as 'arbitary' and 'unconstitutional'.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

Uttarakhand-based Shayara Bano was the first to file a petition in the Supreme Court of India challenging the constitutional validity of Triple talaq.

Expressing happiness on the judgement, Bano told Zee News, “I know the law of triple talaq cannot end. But the Supreme Court has ended the practice. It's a great judgment for Muslim women across the country and for our future generation.”

She further added, “There is no mention of teen talaq in Quraon. It's a fabrication of the society.”

“I have not even seen my children in the last two-three years. I don't know what's happening to them. I hope no one goes through such tremendous mental pressure. Because of triple talaq, children are suffering physical and mental harassment,” said Bano.

“Triple Talaq is a violation to equlity and the dignity of a woman,” said Monika Arora, Supreme Court advocate.

The judges had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

The Chief Justice of India (CJI) J S Khehar, while reading the judgement, said that "talaq-e-biddat is not in violation of articles 14,15, 21 and 25 of the Constitution."

He further said the talaq-e-biddat is an integral part of Sunni community, which is being practiced for the last 1000 years.

During the hearing, the top court observed that the practice of triple talaq was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

The Centre had told the bench that it introduce a new law to regulate the instant divorce practice among Muslims, if triple talaq is held invalid and unconstitutional by the top court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"

As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the All India Muslim Personal Law Board (AIMPLB) asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.

However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope" and cautioned the bench that "testing the validity of customs and practices was a slippery slope".

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

Comments

Close your eyes and think who created this, when i was close my eyes i can`t see anything and ask your creator to guide me in Right path , Don't blame Islam , blame yourself that you can`t identify your  creator.

Sangeeth
 - 
Tuesday, 22 Aug 2017

Dear Saleem, If you want to live in India, then you should follow Indian laws and rules. Any country like that only. I cant live in Saudi without following their rules. Modiji is doing right thing in that way...

Sandesh
 - 
Tuesday, 22 Aug 2017

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Unknown
 - 
Tuesday, 22 Aug 2017

Islam not just a religion its a lifestlye for peaceful life

Saleem
 - 
Tuesday, 22 Aug 2017

SC cant decide our laws

Rakesh
 - 
Tuesday, 22 Aug 2017

Contradiction is in the case of PM

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News Network
March 27,2020

Kollam, Mar 27: A young IAS officer in Kerala has been booked by police after he left the state violating instructions to remain under home quarantine following his recent return from honeymoon abroad, officials said on Friday.

A First Information Report has been registered against Kollam sub-collector Anupam Mishra, who hails from Uttar Pradesh, based on a report from the Health department about the violation, Kollam Superintendent of Police T Narayanan said.

Describing the action of the officer as a “serious matter”, District Collector B. Abdul Nasser said Mishra had returned to Kerala on March 19 from his Malaysia-Singapore trip and was advised to remain under quarantine, as per the protocol for overseas returnees in the backdrop of coronavirus outbreak.

On his return to Kerala from the foreign trip, Mishra had undergone medical examination and did not show symptoms. His personal staff, including gunman, have also been kept under observation.

However, the officer had left for his brother’s place in Bengaluru without informing anyone, Nasser said.

When the Collector got in touch with him, Mishra informed him that he was in Bengaluru.

“He was on leave after his marriage and took permission to travel to Malaysia and Singapore. On his return I advised him to remain under home quarantine. Seems like he left to be with his family at Bengaluru,” Nasser told PTI.

However, police said Mishra’s mobile tower location shows Kanpur in Uttar Pradesh.

Authorities came to know on Thursday that Mishra, who had been staying alone in his quarters at Kollam, was not there after health department staff, who regularly visit people in quarantine, found the lights in his house switched off, police sources said.

“The officer has gone without prior permission or leave. He did not have any symptoms of the virus. Without informing us, he left. It is a serious matter, the collector said adding Mishra has been asked to provide his current address and travel details to Bengaluru.”

When an officer leaves his jurisdiction, he is supposed to inform the government, which Mishra did not do. He has also not taken prior permission for leaving the state, the later told reporters.

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The state government has sought an explanation from the officer in this regard.

A case has been registered against him under various sections of the Indian Penal Code including 188 (disobedience to order duly promulgated by public servant), 269 (Negligent Act likely to spread infection of disease dangerous to life) and 271 (disobedience to quarantine rule), police said.

Kollam, is the only district in the state, which has not reported any positive case of COVID-19 so far. A total of 176 positive cases have been reported in the state so far.

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News Network
January 6,2020

Bengaluru, Jan 6: Students and teachers from various colleges in Bengaluru gathered at the Town Hall in the city to protest against the violence which broke out at the Jawaharlal Nehru University (JNU) campus in New Delhi on January 5.

The students raised slogans against Home Minister Amit Shah and Delhi Police.

Placards that read 'The more you attack, the stronger we become', 'Take off your masks terrorist', 'With JNU' were seen during the protest.

"We are here to protest against the incident that took place at JNU with our brothers and sisters. What Delhi Police did was shameful and they should have taken charge of the situation long before and not waited for three hours. We stand with JNU," Nisha, a protestor told ANI.

Professors present at the protest expressed regret over the incident and said attacks on the universities is a sick situation in the country.

"This is sick, where have we come to -- violence in the universities? I was so safe when I was studying in college; what we are giving to our students is horrible," said Sangeeta, a professor present at the protest.

Politicians, cutting across party lines, have condemned the attack on students in JNU and demanded strict action against those found guilty.

More than 18 students were taken to the AIIMS Trauma Centre after a masked mob entered the JNU campus and attacked them and some professors with sticks and rods.

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News Network
February 9,2020

Mumbai, Feb 9: Given the slow progress on the ongoing Rs 38,000-crore capacity expansion at the four largest metro airports, and also the surging traffic, the snaky queues will continue at least till 2023, warns a report.

The four largest airports -- New Delhi, Mumbai, Bengaluru and Hyderabad -- handle more than half of the traffic and are operating at 130 per cent of their installed capacity. These airports are under a record Rs 38,000-crore capex but the capacity will not come up before end-2023, says a Crisil report.

“With the dip in traffic growth largely behind, we expect congestion at the top four airports of New Delhi, Mumbai, Bengaluru and Hyderabad, which handle more than half of the load, to continue till about FY23,” says the report.

Already these airports are operating at over 130 percent of installed capacity, and the ongoing healthy traffic growth this operating rate is expected to rise further in the next 12 months.

“Operationalising of capacities in the following two fiscals will bring down utilisation levels albeit still high at over 90 per cent by fiscal 2023 and that is despite an unprecedented Rs 38,000 crore capex being undertaken by the operators of these airports over five fiscals 2020-24,” says the report.

Despite this unprecedented capex that is debt-funded, ratings are likely to be stable given the strong cash flows expected due to healthy traffic growth, low project risks associated with the capex and improving regulatory environment, notes the report.

“Capacity at these four airports will increase a cumulative 65 per cent to 228 million annually (from 138 million now) by fiscal 2023. However, traffic is expected to grow strong at up to 10 per cent per annum over the same period. Since additional capacities will become operational in phases only by fiscal 2023, high passenger growth will add to congestion till then,” warn the report.

High utilisation will ride on pent-up demand (accumulated in 2019 as traffic was impacted with the grounding of Jet Airways) and one-off issues with new aircraft of certain airlines.

Further impetus will also come from improving connectivity to lower-tier cities and reducing fare difference between air and rail. Increasing footfalls at airports provide a leg-up to non-aero streams such as advertising, rentals, food and beverage and parking, which comprise around half of the revenue of airports already.

These are expected to grow strongly at over 10-12 per cent, also supported by higher monetisation avenue coming along with current capex. The other half of revenue (aero revenue) is an entitlement approved by the regulator, providing a pre-determined, fixed return over the asset base and a pass-through of costs.

Aero revenue is also expected to get a bump up during fiscals 2022-24, when a new tariff order for airports is likely. Overall aggregate cash flows are likely to double by fiscal 2024 and provide a healthy cushion against servicing of debt contracted for capex, the report concludes.

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