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
February 18,2020

Mangaluru, Feb 18: Customs at International Airport here have seized Rs 58.95 lakh worth gold in two incidents and arrested two smugglers, Customs Commissionerate said on Monday.

According to the department, two men have been arrested by the customs officials in two separate incidents last evening for attempting to smuggle gold into the country valuing over Rs. 58.95 Lakhs.

In the first incident, Muhammed Swalih Chappathodi, 22, hailing from Malappuram, Kerala who arrived from Dubai by Spice jet flight concealed capsules containing gold in paste form inside his rectum which upon purification resulted in the recovery of 797 gm of 24 karats valued at Rs.32,35,820.

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News Network
February 6,2020

New Delhi, Feb 6: DMK Lok Sabha member M K Kanimozhi on Wednesday challenged popular actor Rajinikanth to raise his voice for Muslims, saying they have "already been affected" by the Citizenship (Amendment) Act and are protesting on streets against the law.

Reacting to his statements earlier in the day in Chennai that "CAA is no threat to Muslims" and "if they face trouble I will be the first person to raise voice for them," Kanimozhi, daughter of former Tamil Nadu Chief Minister M Karunanidhi, told news agency that "Muslims in India have already been affected due to CAA".

"Let him (Rajinikanth) come forward and raise his voice for the affected Muslims", she said.

She said the members of the community have been protesting as the law leaves out Muslims.,

Asked whether Rajinikanth, through this pro-CAA statement, was moving closer to the BJP, the MP from Tuticorin said, "What he has said is no different from the BJP's narrative which we have been listening in parliament for the last few days".

Under CAA, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who came to India from Pakistan, Bangladesh and Afghanistan till December 31, 2014, to escape religious persecution there will not be treated as illegal immigrants, and be given Indian citizenship.

Rajinikanth had asserted that the legislation did not pose any threat to Muslims. He wondered as to how Muslims, who chose to stay back in India following Partition will be sent out of the country. Besides, the central government had assured that Indian people will have no issues in view of CAA, he noted.

He charged that some political parties were instigating people against the CAA for their selfish interests.

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coastaldigest.com news network
May 27,2020

Mangaluru, May 27: Mangaluru MLA U T Khader today urged Dakshina Kannada MP and Karnataka BJP chief Nalin Kumar Kateel to pave the way for immediate repatriation of Mangalureans stranded across Gulf countries.

The development comes amidst reports that lack of preparedness on part of the authorities concerned in Dakshina Kannada compelled the Centre to delay the operation of repatriation flights from various Gulf to Mangaluru International Airport under Vande Bharat Mission.

Lakhs of people from Mangaluru region (coastal Karnataka) alone are working in middle eastern countries like Saudi Arabia, United Arab Emirates, Kuwait, Bahrain and Qatar. Thousands of them are currently stranded thanks to covid-19 lockdown and are helplessly waiting for repatriation.

Speaking to coastaldigest.com, Mr Khader said he already spoke to Mr Kateel and brought to his notice the plight of Mangalureans in Saudi Arabia and other gulf countries. "There are a large number of pregnant women, senior citizens and patients who need immediate repatriation. It is the responsibility of the elected representatives and district administration to pave the way for the repatriation of our people and arrange quarantine facilities for them," he said. 

"Mr Kaeel is not only MP of Dakshina Kannada. He is also the chief of Karnataka's ruling party. Hence, he must play a crucial role in facilitating the return of Kannadigas in general and Mangalureans in particular," Mr Khader said. 

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