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
April 20,2020

Thiruvananthapuram, Apr 20: Kerala Chief Minister Pinarayi Vijayan on Sunday alleged that efforts were being made to undermine the achievements of the state government in its fight against Covid-19 and said he was "ignoring" them as it was not the time for controversies.

The Opposition Congress has been raising allegations that a US-based company had been entrusted with the task of collecting data regarding the virus-infected patients in the state, in violation of fundamental rights.

"Many developed nations are in awe of the achievements of Kerala in its fight against Covid-19 pandemic. This is the speciality of Kerala model," Vijayan said. Referring to the data collection charge levelled by the opposition parties, Vijayan said some were engaged in slandering the state government.

"Those who think that the government should not have a reputation for effectively handling the coronavirus outbreak are engaged in slandering the state government. It has happened before, it's happening now also. This is not the time to go behind controversies. People are watching and they will evaluate," Vijayan said in his weekly interactive programme 'Naam munnott'.

He said he had decided to ignore such controversies. The ward-level committees, set up by the government for the anti-coronavirus fight, was collecting information of those under home isolation, elderly persons and those at the risk of the disease using a questionnaire in this regard and upload it on the server of the private agency. The Congress has alleged that the data, collected through the government machinery, was being uploaded not on the government server but on that of the foreign company.

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News Network
January 19,2020

Bengaluru, Jan 19: Australia has conferred its highest civilian honour, the Order of Australia honour, on Biocon founder Kiran Mazumdar-Shaw for her contribution towards advancing the country's relationship with India.

Australia's High Commissioner to India Harinder Sidhu invested Mazumdar-Shaw as an Honorary Member within the Order of Australia (AM) in the General Division at a ceremony in Bengaluru on Friday, the Australian High Commission said in a statement.

An alumnus of Federation University Australia, Mazumdar-Shaw is the founder of Biocon, one of India's largest bio-pharmaceutical companies.

She contributes immensely to promoting women in STEM through the joint research programmes developed between Biocon and Deakin University, Australia, as part of her deep and long-standing commitment to gender equality, the statement said.

Mazumdar-Shaw - an Australian Global Alumni Ambassador - is also recognised for her sustained and significant contribution to industry academia collaboration between Australia and India, it said.

The ceremony was attended by representatives from Indian and Australian business, the diplomatic corps, and family, friends and peers of Mazumdar-Shaw, the statement said.

Speaking at the event, Sidhu said, "Dr Mazumdar-Shaw is a tireless champion of the commercial, educational, and people-to-people links between our two countries, and this award recognises her commitment to progressing the Australia-India partnership."

Honorary appointments in the Order of Australia are made to foreign nationals who have made an outstanding contribution to Australia or humanity at large.

Mazumdar-Shaw is the fourth Indian citizen to be awarded Australia's highest civilian honour.

This follows the conferment of superstar batsman Sachin Tendulkar in 2012, Former Attorney General of India Soli Jehangir Sorabjee in 2006, and Mother Teresa of Kolkata (Agnes Gonxha Bojaxhiu) in 1982.

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News Network
January 24,2020

Kochi/Mumbai, Jan 24: Two students who recently returned from China have been kept under medical observation at the Ernakulam Government Medical College here for possible exposure to the coronavirus, an outbreak of which in China has triggered a global health scare.

Reports from Mumbai said two persons there too have been put observation at the civic-run Kasturba Hospital in Chinchpokali, PTI reported.

Health officials said no cases of the deadly infection have been detected.

One of the students being screened in Kerala and both being screen in Mumai have reported symptoms such as cold and fever and has been kept in isolation wards.

The additional district medical officer of Ernakulam, Dr S Sreedevi, said samples of the student’s body fluids would be sent to the National Institute of Virology in Pune for tests.

The youngster consulted a doctor at a private hospital and was referred to the Ernakulam hospital in the wake of the virus outbreak in Wuhan city of China.

A stringent screening system has been set up at the Kochi International Airport to screen passengers who have been in the affected province in China. Persons who have been to Wuhan and showing symptoms of cold, cough and fever are being immediately shifted to the Ernakulam hospital.

All quariantine facilities have been put in place there including an isolation ward and a ventilator.

The other person under observation in Kerala is an MBBS student from Kottayam district who recently returned from his college in China. The district medical office said she has no health issues. She was put under observation as a precautionary measure.

In Mumbai, 1,789 passengers have undergone thermal screening at the Chhatrapati Shivaji Maharaj International Airport for the coronavirus since January 19.

Coronavirus cases were first reported from Wuhan, the capital of central Chinas Hubei province in China.

In the wake of the coronavirus outbreak in China, doctors at international airports have been asked to screen travellers for symptoms if they are returning from China. All private doctors have been asked to alert the authorities if they observe symptoms of the coronavirus.

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