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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coastaldigest.com news network
June 19,2020

Mangaluru, Jun 19: Mohammad Haneef Guddemane, a cattle trader, who was thrashed by the miscreants of Bajrang Dal while legally transporting cattle last weekend, today appeared before media and demanded appropriate action against the assailants.

The attack took place on June 14 at Urwa in the city when he was transporting four buffalos along with all necessary documents. The attack was also captured on a CCTV camp. 

The victim, who addressed a press conference today, said that it was not the first time he is transporting cattle as into animal and husbandry for years. 

“I had bought 10 she-buffaloes on June 13 from Ranennur and obtained certificate from the local government veterinary doctor after which the animals were brought to my village,” said Haneef, who is a resident of Jokatte on the outskirts of the city. 

He said that he was transporting four out of the ten she buffaloes he had bought to the slaughterhouse at Mangaluru on June 14 when a gang of around 15 members which intercepted his vehicles near Urwa police station dragged him out of the vehicle, rained abusive words at him, made blasphemous remarks about his religion, and hit him with a helmet besides kicking him. 

He said that three of the assailants were armed with sabre, iron rod and wooden sticks. 

"They also tied me to the vehicle and assaulted. They also attacked me with their arms but I escaped. Their plan was to kill me. Fortunately, the police reached the spot and the assailants escaped. However, they thoroughly damaged my vehicle and robbed Rs 7,800 I had with me. I got treated at Highland Hospital in the city," he stated.

Expressing shock over the soft corner approach of the police towards the assailants, he said that only six of around 15 attackers were booked by the police. 

“All the accused were let off by the police after registering petty cases. Ironically, the police had not recorded my statement. On the day of attack, they had asked me to sign on a paper. It contained the complaint written by themselves. Hence, on June 17 I visited the Urwa police station and recorded my statement,” he said.

He said that even though he has all the documents pertaining to the cattle that he had purchased, the police had registered false cattle theft charge against him. 

Former city mayor K Ashraf, Hyder, bother of the victim and Shamsuddin, Jokatte gram panchayat vice president were present at the press meet.

Also Read: Mangaluru: Bajrang Dal men thrash cattle trader after waylaying buffalo-laden vehicle

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News Network
February 17,2020

Feb 17: Chinese authorities on Monday reported a slight upturn in new virus cases and 105 more deaths for a total of 1,770 since the outbreak began two months ago.

The 2,048 new cases followed three days of declines but was up by just 39 cases from the previous day’s figure. Another 10,844 people have recovered from COVID-19, a disease caused by the new coronavirus, and have been discharged from hospitals, according to Monday’s figures.

The update followed the publication late Saturday in China’s official media of a recent speech by President Xi Jinping in which he indicated for the first time that he had led the response to the outbreak from early in the crisis. While the reports were an apparent attempt to demonstrate the Communist Party leadership acted decisively from the start, it also opened Xi up to criticism over why the public was not alerted sooner.

In his speech, Xi said he gave instructions on fighting the virus on Jan. 7 and ordered the shutdown of the most-affected cities that began on Jan. 23.

The disclosure of his speech indicates top leaders knew about the outbreak’s potential severity at least two weeks before such dangers were made known to the public. It was not until late January that officials said the virus can spread between humans and public alarm began to rise.

New cases in other countries are raising growing concerns about containment of the virus.

Taiwan on Sunday reported its first death from COVID-19, the fifth fatality outside of mainland China. Taiwan’s Central News Agency, citing health minister Chen Shih-chung, said the man who died was in his 60s and had not traveled overseas recently and had no known contact with virus patients.

Japanese Prime Minister Shinzo Abe convened an experts meeting to discuss containment measures in his country, where more than a dozen cases have emerged in the past few days without any obvious link to China.

“The situation surrounding this virus is changing by the minute,” Abe said.

Japanese Health Minister Katsunobu Kato said the country is “entering into a phase that is different from before,” requiring new steps to stop the spread of the virus.

Japan now has 413 confirmed cases, including 355 from a quarantined cruise ship, and one death from the virus. Its total is the highest number of cases among about two dozen countries outside of China where the illness has spread.

Hundreds of Americans from the cruise ship took charter flights home, as Japan announced another 70 infections had been confirmed on the Diamond Princess. Canada, Hong Kong and Italy were planning similar flights.

The 300 or so Americans flying on U.S.-government chartered aircraft back to the U.S. will face another 14-day quarantine at Travis Air Force Base in California and Lackland Air Force Base in Texas. The U.S. Embassy said the departure was offered because people on the ship were at a high risk of exposure to the virus. People with symptoms were banned from the flights.

About 255 Canadians and 330 Hong Kong residents are on board the ship or undergoing treatment in Japanese hospitals. There are also 35 Italians, of which 25 are crew members, including the captain.

In China’s Hubei province, where the outbreak began in December, all vehicle traffic will be banned in another containment measure. It expands a vehicle ban in the provincial capital, Wuhan, where public transportation, trains and planes have been halted for weeks.

Exceptions were being made for vehicles involved in epidemic prevention and transporting daily necessities.

Hubei has built new hospitals with thousands of patient beds and China has sent thousands of military medical personnel to staff the new facilities and help the overburdened health care system.

Last Thursday, Hubei changed how it recognized COVID-19 cases, accepting a doctor’s diagnosis rather than waiting for confirmed laboratory test results, in order to treat patients faster. The tally spiked by more than 15,000 cases under the new method.

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News Network
July 5,2020

Bengaluru, Jul 6: With a record 1,925 new cases across the state during the last 24 hours, Karnataka's Covid-19 tally rose to 23,474 including 13,251 active after 9,847 were discharged till date, an official said on Sunday.

"Of the total cases across the state on a single day, Bengaluru accounted for 1,235, taking its positive tally to 9,580, including 8,167 active," said the health official in a statement.

With 37 succumbing to the disease in the state, including 16 from Bengaluru, the state's death toll increased to 372, with 145 from this tech city since March 9.

Of the 603 discharged from across the state during the day, 302 were from Bengaluru, taking its total number of cured to 1,267 so far.

Of the 243 cases in the intensive care unit (ICU) across the state, 132 are in Bengaluru, 15 at Dharwad, 12 at Kalaburagi and 10 each at Ballari and Raichur.

Of the 16,899 samples tested in the day, 14,649 were negative and 1,925 positive. Of the total 7,06,425 samples tested so far, 6,65,525 were negative and 23,474 positive.

After Bengaluru, Dakshina Kannada reported 142 positive cases followed by Ballari 90, Vijayapura 57, Kalaburagi 49 and Udupi and Dharwad 45 each.

Of the total 603 discharged, 52 were from Kalaburagi, 37 from Ballari, 36 from Dakshina Kannada and 22 each from Udupi and Dharwad.

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