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
June 27,2020

Bengaluru, Jun 27: Karnataka Chief Minister B S Yediyurappa on Saturday emphasised on giving a new dimension to the city by strengthening the infrastructure and improving various other sectors including health and housing.

He was speaking at the groundbreaking ceremony of the 108-feet-tall bronze statue of Kempe Gowda, the founder of Bengaluru, at the Kempegowda International Airport near here. The statue would be built at a cost of Rs 66 crore in one-and-half years.

Yediyurappa said Bengaluru has earned the fame of Garden City and Silicon Valley of India. Noting that the state capital was one of the fastest-growing cities in the world and internationally acclaimed hub of information technology and biotechnology, he said, "We need to give a new dimension to this city and strengthen the infrastructure. We have to focus on health, housing, pollution control, traffic management. Our government has taken various measures to develop the city," the chief minister said.

On Kempe Gowda, Yediyurappa said though the city did not have a perennial river, he built hundreds of lakes and interconnected them. His water management reflects on his foresightedness, he added.

"Kempambudhi, Dharmambudhi, Sampaniram and Halasuru lake are among the major lakes gifted to the people of Bengaluru. He had set up the markets called Chickpet, Akkipet, Balepet, Kumbarpet, are still the major trade hubs," Yediyurappa said.

Former Prime Minister H D Deve Gowda, Union Minister of State for Railways Suresh Angadi, deputy chief ministers Govind Karjol, Dr C N Ashwath Narayan, Laxman Savadi and many other ministers were present on the occasion. The event was organised on the 511th birth anniversary of Kempe Gowda. Kempe Gowda was a chieftain of Vijayanagara dynasty who founded Bengaluru around 550 years ago.

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News Network
May 9,2020

Bengaluru, May 9: Karnataka government in its latest order has allowed restaurants, pubs and bars to sell liquor at retail prices from May 9 till May 17. The third phase of coronavirus lockdown is slated to end on May 17.

"Karnataka government has allowed restaurants, pubs and bars to sell liquor at retail prices from tomorrow till May 17. However, they can be sold only in take away form," read an order issued by the state government.

Earlier, the government had allowed the opening of liquor shops in order to mobilise revenue. However, bars, pubs, restaurants were ordered to remain close amid the COVID-19 lockdown.

As per the latest update by the State Health Department, the total number of coronavirus cases in the state is 753. "Of 753 cases, 346 are active cases. 376 persons were discharged after treatment while 30 people have succumbed to the coronavirus," the Health Department said in a release. 

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coastaldigest news network
March 25,2020

Mangaluru, Mar 25: In the wake of coronavirus outbreak, Nalin Kumar Kateel, Member of Parliament today declared that the coastal city of Mangaluru will remain completely shut tomorrow, (March 26) onwards.

"Today the people were given time to go out of their houses to buy essentials today. But from tomorrow, this will not be allowed," the MP said. 

"We are discussing with officials of all departments about ways to manage the situation. Essential things and facilities people need, will be delivered at their doorsteps. We are sorting out how to deliver the items on behalf of the government and mode of delivery of items to apartment complexes," he said.

He said that a large number of patients from Kasaragod had come into the city yesterday. Hence, the district administration has taken a decision, he said.

"Under the present circumstances, the hospitals in the city would not be sufficient for our purpose. So the administration will not allow any vehicles including ambulances into the city. All the ambulances would be blocked from entering Dakshina Kannada district at Talapady border and sent back," he said.

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