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
January 22,2020

New Delhi, Jan 22: Defence Minister Rajnath Singh on Wednesday said Indian values consider all religions equal, and that is why the country is secular and never became a theocratic state like Pakistan.

Speaking at the NCC Republic Day Camp in Delhi, Singh said: "We (India) said we would not discriminate among religions. Why did we do that? Our neighbouring country has declared that their state has a religion. They have declared themselves a theocratic state. We didn't declare so."

"Even America is a theocratic country. India is not a theocratic country. Why? Because our saints and seers did not just consider the people living within our borders as part of the family, but called everyone living in the world as one family," the minister said.

Singh underlined that India had never declared its religion would be Hindu, Sikh or Buddhist and people of all religions could live here.

"They gave the slogan of 'Vasudev Kutumbakam' -- the whole world is one family. This message has gone to the whole world from here only," he added.

Comments

A Member of Va…
 - 
Thursday, 23 Jan 2020

 

Very thoughtful and eye-catching statement by Defense Minister, Rajnath Singh.

Sir, I kindly request you to convey this beautiful message to your Party’s comrades, who are deprived of this dosage for long times and are badly need of this.  

Also, for those from your Party, who are, time and again, spitting the venomous rhetoric against Dalits, Muslims, Christians and others alike.

Yashwant Sinhaji is now doing a wonderful job in this regard.

You will also follow his suit for sure in the days to come; that’s what your honest statement indicates.

    

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News Network
February 8,2020

Bengaluru, Feb 8: The BJP on Saturday drew flak on Twitter for taking a swipe at Muslim women who appear to be standing in a line to vote in Delhi's assembly polls. ""Kaagaz Nahi Dikayenge Hum" ! ! ! Keep the documents safe, you will need to show them again during NPR exercise (sic)," the party's Karnataka Twitter handle posted using the hashtag #DelhiPolls2020. 

The video, which appears to have been taken from one of the polling booths in Delhi on Saturday, shows burqa-clad women flashing their voter ID cards. While the threatening tone of the tweet is unmissable, the tweet contradicts the government's statement that no person needs to submit any documents during the house-to-house survey for updating the National Population Register (NPR) and that information provided by individuals would be accepted and recorded. 

The tweet has added to the prevailing confusion regarding the NPR exercise in the country. 

The NPR is a list of "usual residents" of the country. In 2010, the data for NPR was collected along with the house-listing phase of the Census of India 2011. The data was updated in 2015 by conducting a door-to-door survey.

Currently, it has been decided to update the NPR along with the house-listing phase of Census 2021 during April to September 2020 in all the states/union territories except Assam.

Most of the opposition parties see NPR as a prelude to the contentious National Register of Citizens (NRC), which has been opposed by even NDA allies like the JD(U). The NPR questionnaire asked details like the birthplace of parents. In combination with the recently amended citizenship law, protesters fear that the registry might be eventually used for NRC. 

As a result, people, predominantly Muslims, have hit the streets as India witnesses one of the most widespread civilian unrest of recent times.

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News Network
January 7,2020

New Delhi, Jan 7: The government has asked public sector undertakings to dissuade their employees from participating in the 'Bharat Bandh' called on Wednesday and advised them to prepare a contingency plan to ensure smooth functioning of the enterprises.

Ten central trade unions have said around 25 crore people will participate in the nationwide strike to protest against the government's "anti-people" policies.

Trade unions INTUC, AITUC, HMS, CITU, AIUTUC, TUCC, SEWA, AICCTU, LPF, UTUC along with various sectoral independent federations and associations had adopted a declaration in September last to go on the nationwide strike on January 8.

"Any employee going on strike in any form, including protest, would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action," said an office memorandum issued by the government.

"Suitable contingency plan may also be worked out to carry out the various functions of the ministry/department," it added.

It also issued instructions not to sanction casual leave or other kind of leave to employees if applied for during the period of the proposed protest or strike and ensure that the willing employees are allowed hindrance-free entry into the office premises.

The instructions issued by the Department of Personnel & Training prohibit the government servants from participating in any form of strike, including mass casual leave, go-slow and sit-down, or any action that abet any form of strike.

Besides, pay and allowances are not admissible to an employee for his absence from duty without any authority.

The central trade unions are protesting against labour reforms, FDI, disinvestment, corporatisation and privatisation policies and to press for a 12-point common demands of the working class relating to minimum wage and social security, among others.

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