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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 27,2020

Mysuru, Jan 27: Chief minister BS Yediyurappa on Sunday refused to field questions on the state’s finances, merely saying his budget on March 5 will do the talking. The question came in the wake of Siddaramaiah, leader of the opposition, claiming recently that the state’s coffers were dry and its finances were in the doldrums.

However, Yediyurappa insisted the state’s finances were sound and it will be better once promises made by the business community during his trip to Davos turn into concrete investment.

“I will present the budget for 2020-21 on March 5. People will then know about the state’s financial position,” Yediyurappa said during a visit to Suttur Mutt on Sunday. “I will answer Siddaramaiah’s comments during the forthcoming budget session of the state legislature. The Davos meet I attended will benefit the state immensely. It will bring huge investments that will promote industry and agriculture growth and various job-generation activities.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 8,2020

Bengaluru, Jul 8: The expert committee constituted by the Karnataka government to look into imparting online education in the wake of the COVID-19 lockdown submitted its report on Tuesday to the Minister for Primary and Secondary Education, S Suresh Kumar.

Amid growing pressure by educational institutions to allow them to run online classes for the students, the government set up the committee headed by noted educationist M K Sridhar.

The Minister told reporters that some schools wanted to run online classes, including for LKG and UKG students. It had also come to the government's notice that schools were reportedly charging hefty fees in the name of online teaching, he added.

"To address the concerns of parents, schools, and the future of the children, the committee was formed,"Kumar said. He further said that the government would study the recommendations and hold discussions with officials and various stakeholders before arriving at a decision.

The Education Department said that the committee, in its report, titled "Continuation of Learning in School Education of Karnataka: Guidelines During COVID-19 Pandemic for Technology Enabled Education and Beyond", has recommended teaching online or by using printed material. The committee suggested that children in the age group of three to six be taught online by way of story-telling, rhymes and games strictly in the presence of parents thrice a week just for one session a day For students from class one to three, it advised two periods a day and three days a week for online teaching.

Students from class three to five would have classes five days a week and two classes for 30 minutes a day. For students from class six to eight, there could be three classes a day for a duration of 30 minutes to 45 minutes each, while for students of class nine and 10 there would be four sessions a day between 30 and 45 minutes each.

The committee also suggested usage of Doordarshan and Akashwani for the government school children. Suresh Kumar said there were a few petitions filed in the Karnataka High Court regarding online teaching to the children.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 18,2020

Muscat, May 18: An Air India special flight left for Hyderabad with a total of 182 stranded Indians from Oman on Monday.

"IX 818 departed for Hyderabad with total 182 passengers. We again express our gratitude to Omani & Indian authorities and wish all the passengers, safe journey home," Indian embassy in Oman said in a tweet.

Under the Vande Bharat Mission, Air India operated repatriation flight from Oman on Sunday to Kerala. It had brought back 183 Indians.

The phased evacuation is being done under the Centre's 'Vande Bharat' mission whose second phase started from May 16.

In order to facilitate the return of stranded Indian nationals in Oman, the Indian government has decided to operate more special flights to Bangalore, Calicut, Delhi, Kannur, Kochi, and Gaya on May 20, 21, 22 and 23.

Under the second phase, a total of 149 flights, including feeder flights, are expected to be operated to bring back stranded Indians from 40 countries.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.