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 14,2020

Bengaluru, Jan 14: A woman has sustained burns on the left hand and the left chest in a vicious acid attack that occurred as she walked home in Mallappa Layout, Seegehalli, near KR Puram in Bengaluru.

Prabhavathi, the victim, and her husband, Radhakrishna Reddy, own an acre and six guntas of land in Seegehalli. They had constructed 20 houses on the parcel and rented them while keeping the rest of the land empty and building a boundary wall around it, according to a senior police officer. 

Four men named Ravi, Kumar, Ashirvadam and Shekar laid claim to the land and demolished the boundary wall two years ago. When the couple approached the cops, Manjunath, a sub-inspector from KR Puram police station, visited the spot along with other officers and allegedly abused Reddy and his family. 

Reddy then approached a senior police officer who suggested that he file a complaint against the sub-inspector as well as his rivals for threatening the family. The case is pending in a case. 

On January 7, Ravi, along with four others — Raghu, Kabalan, Ashrivadam and Munireddy — mocked Prabhavathi as she walked home. They asked her to withdraw the complaint. When she ignored them, one of the men motioned to another person. In a flash, a man in the group threw acid on Prabhavathi. The liquid fell on her left hand and left chest, gashing them. Her screams drew her family who rushed her to a hospital. 

Reddy said the suspects had been intimidating them to sell the remaining land. He accused the KR Puram sub-inspector of “threatening” the family.

According to Reddy, following their complaint, a departmental enquiry was launched against the sub-inspector and his promotion was stalled. He suggested that the suspects had used the acid attack as a weapon to “silence” and force them into withdrawing the complaints. 

Following the acid attack, KR Puram police booked eight people — Ravi, Raghu, Kabalan, Ashirvadam, Munireddy, Sachin, Rahul, and Kumareshan — under IPC sections 326 (a) (acid attack) and 506 (criminal intimidation). Efforts are on to track them down. 

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News Network
July 2,2020

Lucknow, Jul 2: After a video showing health workers allegedly tossing bodies of coronavirus victims in a large pit in Karnataka, BSP President Mayawati on Wednesday stated that the incident is the "height of cruelty and insult to humanity".
The former UP Chief Minister demanded that the guilty must be punished.

"The tragedy that the bodies of COVID-19 victims being thrown into trenches in Ballari, Karnataka is the height of cruelty and an insult to humanity. Though incidents related to inhuman cruelty with corona patients are rampant but guilty of Ballari must be punished by the state government," Mayawati said in a tweet.

Also, in another tweet, she asked the Central government to extend the Pradhan Mantri Garib Kalyan Anna Yojana till the end of the coronavirus pandemic.

"In order to check ignominy of starvation on account of long unprecedented hardship & unemployment due to coronavirus and the subsequent nationwide lockdown, the PM Garib Kalyan Anna Yojna must continue not till November but till the end of the pandemic, this is the demand of BSP," she tweeted. 

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Agencies
February 5,2020

New Delhi, Feb 5: Delhi High Court on Wednesday stated that that death warrant of all convicts in the Nirbhaya gangrape and murder case should be executed together.

The Delhi prison rules do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place and from the trial court to Supreme Court all convicts have been held by a common order and a common judgment, Justice Suresh Kumar Kait observed while passing the order.

High Court dismissed the Central government and Tihar Jail authorities plea challenging the Patiala House court's order, which stayed the execution of the four convicts in the case. It also observed that the convicts indulged in a heinous offence of a bone-chilling rape and murder of a girl and that criminal appeals by all convicts were dismissed by the courts.

Moreover, the court observed that the review petitions were filed after long wait and convicts are taking shelter of Article 21 which is available to them till their last breath.

A single-judge bench of Justice Suresh Kumar Kait had on Sunday kept the order reserved in the matter after special hearing of two days.

Earlier, Solicitor General Tushar Mehta, appearing on behalf of the Centre, alleged that the convicts were deliberately delaying the execution, adding that any delay in death sentence will have a dehumanising effect on the convicts.

A Delhi court last week stayed till further orders the execution of the four convicts -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Sharma -- which was earlier scheduled to take place on February 1.

The case pertains to the gang-rape and brutal murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people, including a juvenile, in Delhi. The woman had died at a Singapore hospital a few days later.

One of the five adults accused, Ram Singh, had allegedly committed suicide in the Tihar Jail during the trial of the case.

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