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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 9,2020

Kochi, Mar 9: A three-year old child has tested positive for the novel coronavirus, officials said in Kochi on Monday.

The child and its parents who had reached the Cochin International Airport Limited at 6 AM on March 7 from Italy were subjected to thermal screening at the universal surveillance system established, officials said.

Detecting symptoms of coronavirus in the child, they were immediately referred to the isolation ward of the Kalamassery Medical College Hospital, they said. The samples of the child sent for examination at the NiV lab at Alappuzha have tested positive for Coronavirus, they said.

The samples of the parents have also been sent for lab test, the officials added.

Five fresh coronavirus cases, including three who evaded screening on return from Italy, were reported in Kerala, prompting the government on Sunday to sound a renewed alert and warn action against those hiding travel history to affected nations.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 25,2020

New Delhi, Jun 25: The Congress on Thursday asked Prime Minister Narendra Modi why has not India gained anything from the "strange bonhomie" which it claimed he shared with China.

Seeking to turn the tables on the ruling party, Congress spokesperson Pawan Khera said the BJP also shared bonhomie with the Communist Party of China (CPC) with several party-level exchanges taking place in the past.

He sought to know whether India's borders have become safe after these exchanges in the last many years.

The Congress leader asked what has the country gained out of these exchange delegations and why are the borders insecure despite the bonds that the two ruling parties of India and China share with each other.

"There is a strange kind of bonhomie between Narendra Modi and China, a two decade old bonhomie. Why doesn't the country get the benefit of that bonhomie," he asked at a virtual press conference.

Khera said all that the Congress will continue to question is about the political will that just does not get visible when it comes to China.

"Whatever is happening on the border today, is it despite the bonhomie which you have with China, or is it because of the bonhomie which you have with China. The country needs to know," he asked.

"We do want to ask you, if as president of the party, Rajnath Singh, Nitin Gadkari and Amit Shah have been sending delegations,  strengthening the bonds between the Communist Party of China and the BJP. What has the country gained out of these bonds? Why are the borders insecure despite these bonds that you have," he also asked.

The ruling has hit out at the Congress for signing an MoU with China's Communist Party and has questioned its "bond" with the ruling party in China.

Khera also asked what role did the India Foundation, an organisation run by National Security Adviser Ajit Doval's son has in strengthening the bonds with China.

"Why does India Foundation keep visiting these countries? Who do they meet? What's the outcome? What's the role of NSA Ajit Doval's son- Shaurya Doval? He keeps attending these meetings through India Foundation? These are important questions in the light of what is happening," he asked.

Khera said the prime minister is showing "red eyes" to those who are asking him questions instead of showing them to the enemy.

"It is time to stand with the Army and show red eyes to China," he said.

The Congress leader said questions will be asked to Modi especially when there are definitive reports, satellite images of incursions in the Ladakh region of India by the Chinese.

He alleged that China laps up the comment of Modi and uses it across the world that the Indian prime minister says that China is in its own territory and Galwan is theirs.

"After a lot of pressure, PMO contradicted what the prime minister said. This kind of a goof up is unpardonable," he alleged.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 12,2020

Mangaluru, Apr 12: A 10-month-old baby who tested COVID-19 positive on March 27 completed treatment and discharged from hospital on Saturday.

He was the youngest positive case in Karnataka, from Sajipanadu village in Bantwal taluk.

The child had been with his mother to a relative's house at Monetepadau village, situated on the Karnataka-Kerala border in the first week of March.

A few days later the child developed an acute respiratory illness and tested positive for the COVID-19 virus.

Treating the breastfeeding child was challenging for doctors as he had to be isolated. A team of doctors from Wenlock Hospital took up this challenge and successfully cured the baby.

Test reports on his mother and grandmother too have returned negative. They too had been under quarantine and were discharged with the baby.

Another positive development was that no COVID-19 case has been reported from the child's village.  

The entire Sajipanadu village was completely sealed after the child tested positive and the district had provided all the necessary supplies to the villagers.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.