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 26,2020

New Delhi, Jan 26: On the occasion of the 71st Republic Day, Karnataka state's tableau depicted the philosophy of Basaveshwara and the concept of Anubhava Mantapa (Centre for Experience), which was the socio-religious centre that existed in the present-day Basava Kalyana of Bidar district in Karnataka.

It is regarded as the first religious parliament in the history of mankind.

This 12th-century centre has a special significance in the history of humanity, as it represents composite culture, philosophy, spirituality, equality among other universal human values.

These values were propagated by the saint and social reformer- Basaveshwara and other sharanas- followers of Basava philosophy of the socio-religious movement.

It is significant that representatives of Anubhava Mantapa were nominated based on their spiritual attainment, regardless of caste, class and sect they belonged and thus discarded the differentiation of human beings as higher or lower, on the basis of birth, occupation and gender.

The front part of the tableau has the replica of Basaveshwara preaching his most cherished value - "Work is Worship".

For Republic Day Parade 2020, a total of 56 tableaux proposals (32 from states/UTs and 24 from Ministries/Departments) were received. Out of these, 22 were shortlisted for participation in the Republic Day Parade 2020.

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News Network
March 14,2020

Hassan, Mar 14: Karnataka Health Department officials took help of the Police to get a man, who returned from pilgrimage to Mecca (Saudi Arabia), admitted to hospital as he refused to undergo clinical tests for suspected Coronavirus, official sources said on Saturday.

According to the sources, a family from Arkalgud taluk, who was on a pilgrimage to Mecca and Madina, returned on March 5 and the woman from the family developed fever and symptoms of flu.

On Friday evening, in view of the Coronavirus scare, a team of Health Department officials visited their house and directed them to get admitted to a hospital in Hassan for treatment.

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News Network
February 26,2020

Mumbai, Feb 26: Targetting Shiv Sena's silence over the recent controversial remark by AIMIM leader Waris Pathan, former Maharashtra Chief Minister Devendra Fadnavis on Tuesday said the Uddhav Thackeray-led party might be "wearing bangles" but the BJP was not and knew how to retaliate in the same manner.

"Shiv Sena might be wearing bangles but we are not. If someone says something then he will be given an answer in the same way. BJP has this much power," said Fadnavis while launching a scathing attack on ruling-Shiv Sena in Maharashtra for not taking strict action against Pathan.

Fadnavis was addressing protestors at Azad Maidan where BJP launched a protest against Maharashtra government over issues related to farmers and women.

On February 20, while addressing an anti-CAA rally, at Kalaburagi in Karnataka, Pathan had said, "time has now come for us to unite and achieve freedom. Remember we are 15 crore but can dominate over 100 crores."

"They tell us that we have kept our women in the front - only the lionesses have come out and you are already sweating. You can understand what would happen if all of us come together," he had said.

Facing flak over his remarks Pathan later took back his words and had said he had not targeted any community but had spoken against members of some organisations.

"If any of my words have hurt someone, I take them back as I am a true Indian," Pathan said at a press conference here.

The AIMIM leader said that he was being portrayed as being anti-Indian and anti-Hindu for the past couple of days.

"I want to say that my earlier statement was basically against people who are members of organisations like RSS, BJP, Bajrang Dal, etc. These 100 are those people who want to divide this beautiful nation," he added.

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