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
July 9,2020

Ujjain, Jul 9: Kanpur encounter main accused Vikas Dubey has been arrested at a police station here on Thursday, as per sources in the Uttar Pradesh government.

"Vikas Dubey, the main accused in Kanpur encounter case, has been arrested at a police station in Ujjain," said UP government sources.

Dubey is the main accused in the encounter that took place in Kanpur last week, in which a group of assailants allegedly opened fire on a police team, which had gone to arrest him.

Eight police personnel were killed in the encounter.

Earlier today, Bahua Dubey and Prabhat Mishra, close aides of the main accused, were killed in separate encounters in Etawah and Kanpur respectively.

Whereas, Shyamu Bajpai, also an aide to Dubey, has been arrested by Chaubeypur police following an encounter. He carried a reward of Rs 25,000. Uttar Pradesh's Special Task Force (STF) had gunned down Vikas Dubey's close aide Amar Dubey in Hamirpur district, earlier on Wednesday.

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News Network
February 19,2020

Bengaluru, Feb 19: Playing down the simmering discontent among the disgruntled legislators who missed a cabinet berth again, Karnataka BJP on Tuesday denied any revolt brewing against Chief Minister B.S. Yediyurappa.

"An unsigned letter in Kannada circulating in the social media is bogus, as it was fabricated in the name of Santosh, a private secretary to Yediyurappa. No revolt is brewing against the Chief Minister," party spokesman G. Madhusudhana told news agency here.

In the second cabinet expansion on February 6, only 10 newly-elected legislators, who defected from the Congress and the Janata Dal-Secular (JD-S) in July, were inducted, leaving the party's many aspiring lawmakers miffed.

"The talk of about 20 loyal MLAs ganging up against Yediyurappa is a speculation as rumour mills are working overtime. No rebellion is brewing against the Chief Minister," asserted the official.

On the charge that Yediyurappa's younger son B.Y. Vijayandra was acting like a 'super or de facto CM' and medalling in the state administration, Madhusudhana said the latter was only assisting his father in party activities as he was also a party worker.

"As Yediyurappa is 76 years old and ageing, Vijayandra is helping his father in party affairs so that he (Chief Minister) could be free to attend to administration," Madhusudhana said.

Yediyurappa's elder son B.Y. Raghavendra is a three-time BJP Lok Sabha member from Shimoga in the state's Malnad area.

With six cabinet posts vacant in the 34-member ministry, many legislators, including eight-time MLA Umesh Katti, are upset that they have not been rewarded for their loyalty to the party even six months after the BJP returned to power again in the southern state.

On the purported meeting of about 20 BJP MLAs at the residence of state Industries Minister Jagadish Shettar here on Monday, Madhusudhana said it was a "get-together" as they were all in Bengaluru again to attend the budget session of the state legislature which began on Monday.

"There is no crisis in the party. Our government is stable and will complete the remaining three-year term in office till May 2023," he added.

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News Network
April 25,2020

Bengaluru, Apr 25: Karnataka Health Minister B Sriramulu on Saturday initiated Phase I clinical trials to use plasma therapy for COVID-19 patients at city-based BMC Victoria Hospital.

Sriramulu was accompanied by Medical Education Minister Dr K Sudhakar.

"Karnataka has taken a lead role as we initiate Phase I clinical trials to use Convalescent Plasma Therapy for severe COVID-19 infected patients. BMC Victoria hospital took the first step today. We are determined to vanquish this enemy of mankind," Sriramulu said in a tweet.

"I wish our team of doctors at BMC Victoria hospital and team led by Dr US Vishal Rao a great success. This will be a torchbearer in our fight against Corona," he said in another tweet.

According to the Ministry of Health and Family Welfare, the state has so far reported 474 confirmed cases of COVID-19 which include 152 discharged or cured patients and 18 deaths.

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