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
April 10,2020

Kasaragod, Apr 10: The death of five cats in the general hospital-turned-Covid-19 isolation centre here recently has evoked a little bit of scare among the health authorities who are eagerly awaiting the viscera test results of the dead animals.

The death of the cats has evoked anxiety in the backdrop of a tiger in a zoo in United States tested positive for Covid-19 recently.

It was recently that the hospital authorities had noticed the death of the cats, which include two male and a female adult and two kittens, were long been seen in and around the hospital compound.

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News Network
April 8,2020

Bengaluru, Apr 8: In a strong show of support, Karnataka Chief Minister BS Yediyurappa stood behind the minorities in the state and said no one should target the Muslim community over the coronavirus crisis and the Tablighi Jamaat.

He said those communalising the issue will be dealt with strictly.

BS Yediyurappa was speaking to a regional media channel when he said "Nobody should speak a word against Muslims. This is a warning. If anyone blames the entire Muslim community for some isolated incident, I'll take action against them also without a second thought. Will not allow that to happen."

Since then, many have welcomed the CM's remarks including the opposition.

Former Karnataka Congress president Dinesh Gundu Rao tweeted and said that other BJP leaders should follow the Karnataka CM and that it's a welcome step.

Congress president DK Shivakumar too said he agrees with the chief minister and that no one should target one community. "The CM should also act strictly against people posting communal remarks on social media and issue an order."

Earlier, Karnataka CM BS Yediyurappa held a meeting with minority opposition MLAs and MLCs and urged them to pass the message within the community asking those who had attended the Delhi Nizamuddin Markaz event to come and get tested for Covid-19.

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News Network
January 14,2020

Jan 14: A day after it moved the Supreme Court against the controversial Citizenship Amendment Act (CAA), the Kerala government on Tuesday said it would continue its fight against the legislation as it "destroys" the secularism and democracy in the country.

The CPI(M)-led government had on Monday moved the apex court challenging the CAA and sought to declare it as 'ultra vires' of the Constitution. State Industries Minister E P Jayarajan told reporters here that the state has moved the apex court and will explore all options to fight the Act.

"The state government will to go to any extent and continue its fight against CAA. This Act destroys democracy in the country. This will only help in implementing the RSS agenda, to drive the nation through a fascist regime, and destroying the secularism and democracy in the country. The RSS and the Sangh Parivar cannot implement this law just by using muscle power," Jayarajan said.

Tourism Minister Kadakampally Surendran tweeted that the state became the first in the country to approach the top court against the Act. "Kerala government files lawsuit against the unconstitutional CAA. Kerala becomes the first state in the country to go to the Supreme Court against CAA.

"Kerala leads the way," he said in the tweet. In a suit filed in the apex court, the Kerala government has sought to declare that the CAA 2019 was "violative" of Article 14 (Equality before law), 21 (Protection of life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion) of the Constitution.

It also claimed that the law was violative of the basic principle of secularism enshrined in it. The state Assembly had on December 31, 2019, passed a unanimous resolution against the CAA and became the first state to do it.

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