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 17,2020

Bengaluru, Jul 17: Lashing out at Chief Minister BS Yediyurappa-led government over the handling of coronavirus crisis, Karnataka Congress chief DK Shivakumar on Thursday demanded Governor's rule in the state. He also took a dig at Health Minister B Sriramulu's "Only God can save us" remark.

"I heard the statement of Sriramulu and Sudhakar. They have said that they cannot manage this (coronavirus crisis) and they leave it to God who can save Karnataka. If such is the case, they could not solve the problems of the people of Karnataka. It is time now they must resign and let the Governor's rule come into force. The time has come for all of them to step down," Shivakumar said.

Taking to Twitter, Sriramulu said that the KPCC president misinterpreted his statement.

He said that Opposition allegations of negligence and incapability of the government and irresponsibility of ministers are "far from the truth".

The minister said that people should be made aware of the prevention of coronavirus as it plays a very important role in the prevention of infection.

"Here are the cautioning words, 'If you stumble, only God has to save us.' The government, our Chief Minister BS Yediyurappa and ministers are working day and night. We are working for the people, to effectively face this century's challenge," he tweeted.

As many as 4,169 new COVID-19 cases and 104 deaths were reported in Karnataka on Thursday, taking the total number of cases to 51,422 cases including 19,729 recoveries and 1,032 deaths.

Bengaluru reported 2,344 new cases and 70 deaths in the last 24 hours, according to the state health department.

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News Network
July 17,2020

Bengaluru, July 17: The government of Karnataka has decided to issue caste and income certificates to Brahmins in the state to reduce the socio-economic inequality faced by the community.

“A notification has been issued to tehsildars in all 30 districts to issue caste and income certificates to Brahmins so that they can also benefit from the government schemes and scholarships,” a Revenue Department official told said.

The notification comes a month after the Karnataka State Brahmin Development Board on June 10 appealed to Chief Minister B.S. Yediyurappa to issue the certificates to the traditionally dominant community, which accounts for 3 per cent of the 7 crore state population.

“Though Brahmins are in ‘minority’ in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes meant for the economic weaker sections such as SC, ST and OBC groups,” the official said.

The board was set up in March 2019 as a state-run company with Rs 5 crore authorised capital and Rs 5 crore equity and is registered with the Registrar of Companies.

The notification was issued to the local bodies and taluk offices after several members of the community complained to state Revenue Minister R. Ashoka that they were unable to benefit from the welfare schemes in the absence of the certificates.

The certificates will also help students from the community to avail scholarships for higher studies from the state-funded board if their gross annual family income is less than Rs 8 lakh per year.

The board has also urged the state government to implement the 10 per cent quota for its community members under the economically weaker sections, as applicable for Central government jobs and admissions to central institutions.

Noting that every community has people who are forward and backward economically for various reasons, including historical, the official said the board would be empowered to serve the Brahmins.

“The board will provide interest-free loans to the financially weaker sections of the community,” said its Chairman H.S. Sachidananda Murthy.

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coastaldigest.com news network
February 7,2020

Newsroom, Feb 7: Prime Minister Narendra Modi’s recent statement that there is no detention camp in India is no more a lie. That doesn’t mean that there are no detention camps in the country, but the name of the camps have changed. 

In December, at a mega rally at Ramlila Maidan, meant to launch the BJP's campaign for the assembly elections in Delhi, Mr Modi had stated: “The rumour of detention centres being spread by the Congress and urban Naxals is totally false. This is being done with a bad intention to destroy the country, it’s filled with evil motives; this is a lie, lie, lie.” He had further claimed: “Neither are any of the country’s Muslims being sent to detention centres nor is there any detention centre in India”

In reality there are at least six detention camps in jails in Assam to house foreigners found staying in India illegally. A month prior to PM’s statement, Union minister of the state for home affairs Nityanand Rai had revealed that the six camps in Assam housed 1,043 foreigners — 1,025 Bangladeshis and 18 Myanmarese. Apart from these, at least ten new detention centres are coming up.

Outside Assam too, the Maharashtra government, under the then chief minister Devendra Fadnavis, had identified land for the state’s first detention centre for illegal immigrants.

Besides, in a case relating to illegal immigrants in Karnataka High Court in November this year, the Centre had told the court that it had written to all state governments in 2014 and sent a follow-up letter in 2018 to have detention centres to house foreign nationals illegally staying in India.

Karnataka’s first detention centre, apparently meant to lodge illegal immigrants and migrants overstaying in the country, is already open in Sondekoppa village on the outskirts of Bengaluru. The facility with several rooms, a kitchen and toilets has been kept ready on the directions of the government. 

Meanwhile, Union Minister of state for home Nityanand Rai has told the Lok Sabha that the name "detention centre" has now been changed to "holding centre".

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