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
March 19,2020

New Delhi, Mar 19: Senior Congress leader Oscar Fernandes on Wednesday extolled the virtues of 'gaumutra' and shared an anecdote about a man claiming to have cured his cancer by drinking cow urine to drive his point home.

Participating in a debate in Rajya Sabha on two bills for setting up national commissions for homoeopathy and Indian systems of medicine, the former Union minister said, "My extreme friend Jairam Ramesh pulls my leg, when I talk of 'gaumutra'."

Sharing an anecdote, Fernandes said once during a visit to an ashram near Meerut he had met a person who claimed to have cured his cancer by drinking 'gaumutra'.

Many BJP leaders have earlier spoken about the healing power of 'gaumutra'. The Congress has reacted sharply to such remarks.

He also praised the virtues of the Indian systems of medicine. He said when he had severe pain in knee joint and doctors had suggested for replacement surgery. However, he refused and started doing 'Vajrasana'.

"I started Vajrasana, practising yoga, and today I am able to do wrestling without any difficulty," the septuagenarian leader said.

"When (former) prime minister (Atal Bihari) Vajypee ji had a knee surgery, I thought if I had known him earlier, I would have definitely gone to him and ask him to follow 'Vajrasan' and it could have been cured," he said.

He also claimed to have met a person in US aged around 104 years and moving swiftly as a young man.

"Yoga is our wealth. If you practise yoga, may be our budget cost of health can be reduced by 50 per cent. It's way of life," he said.

"Our own Indian systems of medicine will provide a lot of reliefs even before going to a doctor," he said.

Though Fernandes supported the bills but raised objection over the exclusion of yoga and naturopathy.

"I would urge the minister either to amend the bill or bring an assurance that it will bring a separate legislation to cover yoga and naturopathy," he said.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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coastaldigest.com news network
May 22,2020

Mangaluru/Udupi, May 22: Two prominent Qadhis of coastal Karnataka today declared that Eid al-Fitr will be observed in the region on Sunday, May 24.

Twaqa Ahmed Musliyar, the Qadhi of Mangaluru and Ibrahim Musliyar Bekal, Qadhi of Udupi Samyukta Jamaat in their separate statements made this announcement. 

The decision was taken as there was no news of new moon sighting in the coastal region today.

Ullal Qadhi Qurrathussadath Seyyid Fazal Koyamma Thangal Al Bukhari also announced that 24th May is first of Shawwal and Eid al Fithr will be celebrated on that day.

Comments

GKS
 - 
Saturday, 23 May 2020

Moon sighting for the start of the month of Ramazan, for end of fastings- Eidul Fitr, for the month of Hajj and Muharram:

The moon sighting is so easy. We the people of India and have Indian Standard Time all.over India. 

When we can accept the moon sighting in Delhi and announcement from Delhi as it was during times of Radio and Doordarshan news, why can we not accept the sighting of moon in coastal region of Karnataka and in Kerala?

Let us bring about change for good.

GKS
 - 
Saturday, 23 May 2020

Why is rest of Karnataka or India not joining for Eid with coastal region and kerala? At the time of Radio and Dorrdarshan only days, all of India used to wait for 8.00 pm news for updates of moon sighting. So why not accept the moon signing witnesses in Kerala or coastal region?

 

I request all Indians to accept the witnessing of Moon sighting in any area of India and start and end Fasting. 

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