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 25,2020

Bengaluru, Jul 25: The Karnataka government on Saturday announced a waiver of crematorium fees for those who succumb to the COVID-19 infection in Bengaluru and said the city civic body would bear the cost.

It said that from now on, families of the COVID deceased need not pay any fees fixed by the city civic body- Bruhat Bengaluru Mahanagara Palike (BBMP)- across 12 electric crematoriums in the city.

"There were reports in the media about difficulties faced in performing the last rites of those who died due to COVID-19 infections. Aimed at resolving those difficulties, certain decisions have been taken," Revenue Minister R Ashoka said.

He told reporters here that BBMP had fixed Rs 250 as the cremation fee, Rs 100 for the ash collection pot and Rs 900 for the bier (bamboo stretcher on which the body is carried), all of which have been waived for COVID deaths.

"So it will be a waiver of Rs 1,250 per cremation. The BBMP will bear this cost," he added.

Ashoka also announced Rs 500 per body incentive for the personnel who conduct the last rites of COVID victims.

"This is in recognition of their services at a time when family members of the deceased are not ready to touch the body and not ready to take the body in some cases," he said.

Noting that the government has identified 23 acres of land at five places around Bengaluru for burial or cremation of COVID victims, Ashoka locals in all these areas are protesting against it.

Appealing to the people for cooperation during these difficult times, he said the government's intention was to ensure respectful burial or cremation for the deceased.

"Obstructing it is not right, it is not Indian tradition," he said.

Pointing out that it takes almost a day's time for a COVID victim's body to be handed over for burial or cremation, he said "scientifically, according to experts and doctors, the virus will not remain alive for more than three hours.

...Also, bodies are either burnt or buried eight feet below. So there will not be any problem for those living in nearby areas and it will not spread infection. Cooperate with humanity," he said.

"These lands identified are for all religions and communities and once the pandemic subsides, can be used for other deaths as well," he said.

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News Network
January 28,2020

Panaji, Jan 28: Bureaucrat-turned-activist Kannan Gopinathan on Tuesday said even some "RSS people" are convinced the Citizenship Amendment Act is a bad law but are keeping quiet as the NDA government at the Centre is their own baby.

Speaking in Panaji, he further said the Narendra Modi government was behaving like a "drunken teenager" which needs to be questioned or else it will end up destroying homes.

"I was detained twice in UP, kept the whole day, because they (government) do not want the questioning (of CAA). I have met so many RSS people, they also understand this...if you have this conversation, they also understand the government has done something (wrong) and they have been asked to support it," he claimed.

He said the line of thought among these RSS people (he met) was "just support it (CAA)" as they don't want an altercation because the "government is their baby".

"He (government) is not a normal baby, he is a drunken teenager. He should be asked questions because when he starts destroying, he does not destroy somebody else's home but your own home," Gopinathan said.

He also hit out at those who have been claiming that the people protesting against the CAA are unaware about the law and have not even read it.

Gopinathan claimed if one had asked supportive MPs about the CAA on the day it was passed in Parliament, several of them would not have been able to speak on it as "they would not have known what was passed, because they were not given time (to go through the bill)".

He said, earlier, such legislation was passed after several rounds of consultation but "now, by night, it becomes an Act", adding (now) "everything is a surgical strike".

Gopinathan, in a possible reference to the National Register of Citizens exercise carried out in Assam, also claimed "thousands of people are in detention centres".

"It is your fundamental right to peacefully assemble without arms, Article 19 (1) (D) (of the Constitution)," he said at a function organised by a group opposed to CAA.

Gopinathan said people "always felt they were in a democracy" because they never tried to fly, when in reality "you are in a cage".

"The moment you want to fly you realise you are in a cage," he said, adding that "we have to question, we have to ask ourselves where are we going".

"When you don't allow a person to speak against an incorrect legislation, then what is democracy? What is freedom of expression?" Gopinathan questioned.

Gopinathan, a 2012 batch AGMUT cadre Indian Administrative Service officer, was the secretary, Power Department of the Union Territories of Daman and Diu, and Dadra and Nagar Haveli when he resigned on August 21 last year.

At the time, he had claimed the people of Jammu and Kashmir were being denied freedom of expression following abrogation of Article 370 by the Centre.

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News Network
January 27,2020

Kabul, Jan 27: A passenger plane crashed on Monday in a Taliban-held area of Afghanistan's Ghazni province, local officials said.

Arif Noori, spokesman for the provincial governor, said the plane went down around 1:10 p.m. local time in Deh Yak district, which is held by the Taliban. Two provincial council members also confirmed the crash.

The number of people on board and their fate was not immediately known, nor was the cause of the crash.

Ariana Airlines, Afghanistan's national carrier, dismissed the claim that one of their planes had crashed in a statement on their website, saying all their aircraft were operational and safe.

The mountainous Ghazni province sits in the foothills of the Hindu Kush mountains and is bitterly cold in winter.

The last major commercial air crash in Afghanistan occurred in 2005 when a Kam Air flight from western Herat to the capital Kabul crashed into the mountains as it tried to land in snowy weather.

The war however has seen a number of deadly crashes of military aircraft. One of the most spectacular occurred in 2013 when an American Boeing 747 cargo jet crashed shortly after takeoff from Bagram air base north of Kabul en route to Dubai in the United Arab Emirates. All seven crew member were killed.

Afghanistan's aviation industry suffered desperately during the rule of the Taliban when its only airline Ariana was subject to punishing sanctions and allowed to fly only to Saudi Arabia for Hajj flights.

Since the overthrow of the religious regime smaller private airlines have emerged but the industry is still a nascent one.

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