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
May 23,2020

New Delhi, May 23: Carrying a sack full of belongings and a backpack on shoulders daily wager Mohammed Sunny and his friend Mohammed Danish are determined to reach home for Eid in Bihar's Araria district, facing all odds stacked up against them.

Shahjehanpur native Adesh Singh with his wife and three little children, who left their residence in south Delhi three days ago, are still scrambling to reach home, haggling with taxi drivers, to take them to their home town charging a reasonable fare.

This was among the many scenes of migrants' life on Friday at Delhi-Uttar Pradesh border touching Ghazipur in east Delhi who are struggling to make their way to their native places amid a COVID-19-induced lockdown across the country.

"We left home three days ago near Chhatarpur, we have walked and rested by roadsides, people gave us food on the way, so we survived. Now, we just want to reach home, we can't survive in Delhi," Manju Singh, wife of Adesh Singh told PTI as she waited at the UP Gate to get a taxi to cross the border on way to her home.

Their three children Alok (12), Ankesh (8) and Rupali (9), all wearing simple masks, were seen squatting on the roadside beside their luggage as their wearied parents, using cloths to cover their nose and mouth, bargained with taxi drivers to take them home, without charging much above the regular fare, saying they "did not have much cash left".

Police personnel could be seen asking many migrants who were marching on foot towards the inter-state border, to turn back.

Many did, but not Sunny and Danish, who feel if "Allah wants us to reach home, we surely will".

Both of them worked at a chemical plant in Delhi, and said, they have been "kicked out" after the lockdown was imposed, making their survival difficult in the national capital.

"We don't have money to pay rent now, or buy food, we have to go home now, what option do we have," Sunny said.

Danish alleged that the poor have been "abandoned" by the government and left in the lurch.

"The government has money to bring home Indians stranded abroad, but can't take home the Indians who have been toiling hard all these years. Is it fair to us," he asked.

"But, Inshallah, we will reach home if the Almighty wants us to, and will be joining our family for Eid, though it will hardly be a celebration this time. But, we want the comfort of being with our family at least," Sunny said.

Eid which marks the end of the holy Ramzan month, will be celebrated either on Sunday or Monday, depending on sighting of the moon.

Lakhs of migrant labourers stranded away from home in Delhi and other big cities have been attempting to reach home in the last two months, a large number of them walking on foot after they found no mode of conveyance.

The coronavirus death toll in Delhi has mounted to 208, while 660 fresh cases of COVID-19 infection reported on Friday, the highest single-day spike here, took the total in the city to 12,319.

Roshan Shrivastav (19), his nephew Shivam Shrivastav (19) and friend Prince Gupta (21), all hailing from Siwan in Bihar, were seen standing on a pavement after being told by the police to turn back from the barricade posted bear the Delhi-UP border.

"We live together in Baljeet Nagar in West Delhi, in a single room. I had come from Bihar after Holi, seeking a job, but then I got stuck in lockdown here without a job. Whatever money I had brought, and Rs 10,000 our parents had sent online, all has got exhausted in these three months," Roshan lamented.

"Our landlord has been very kind, and didn't even ask for any rent after the lockdown, but how long can we survive on charity. And, I don't like being dependent on someone, so we want to go home," he said.

Roshan said, he and Shivam, both also write and sing songs in Hindi and their native tongue Bhojpuri.

"We have written a few lines on lockdown crisis too -- 'Hum mazdooran ke ghar bhejwa da sarkar, nahin to ketna log hiyan par ho jai bimar' (please send us home or else many would fall sick here)," Shivam said, as he stood in scorching heat of May, carrying his leftover cash in pocket and hope in heart. 

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News Network
May 3,2020

New Delhi, May 3: The Indian Council of Medical Research (ICMR) has crossed over one million RT-PCR tests for COVID-19 on Saturday evening marking a big landmark, ICMR officials said.

"We have tested about 10,40000 tests till Saturday evening. In a few days, we have increased our testing capacity. ICMR has been doing more than 70,000 tests in the last two consecutive days," he said.

On Saturday, ICMR released that a total of 976363 samples have been tested till date. From May 1 till evening on Saturday, 1,37,346 tests were done.

The top three states which are doing vigorous testing includes--Maharashtra, Tamil Nadu and Rajasthan. As on date, these three states have conducted more than one lakh test respectively.

However, Andhra Pradesh, Uttar Pradesh, Karnataka and Delhi still need to ramp up their testing capacity.

ICMR has always emphasised that the confirmatory test for diagnosis of COVID-19 infection is RT-PCR test of the throat and/or nasal swab, which detects virus at an early stage. Recently, Dr GS Toteja, Additional Director General of ICMR had said that to contain coronavirus infection, RT-PCR tests must be continued vigorously as the principal diagnostic tests.

RT-PCR tests are now available in 310 government laboratories and 111 private set up across the country.

On Friday, the Centre informed that ICMR has ordered 21.35 lakh diagnostic kits. As on date, India has reported about 37,776 confirmed coronavirus cases and 1223 deaths.

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News Network
March 7,2020

Mar 7: Two Malayalam news channels, Asianet News and Media One, which were banned by the information and broadcasting ministry for their coverage of the recent violence in Delhi on Friday evening, were allowed to resume telecasting on Saturday morning.

While Asianet News appeared to have begun operations around 7am on Saturday, Media One was screening content by 9.30am.

The ministry of information and broadcasting had imposed a 48-hour ban on Asianet News and Media One for their coverage of the Delhi violence for 48 hours from 7.30pm on Friday. Both Asianet News and Media One were barred under Rule 6(1 c) and Rule 6(1e) of the Cable Television Networks Act, 1994.

The ministry of information and broadcasting alleged Asianet News and Media One were "biased" and critical of the RSS and Delhi Police.

The ban on Asianet News and Media One triggered a torrent of criticism of the move. Congress MP Shashi Tharoor asked how "Malayalam channels inflame communal passions in Delhi?" and alleged some English news channels were continuing "their brazen distortions" with impunity.

In a statement issued on Friday after the ban, Media One termed the move "unfortunate and condemnable" and called it a "blatant attack against free and fair reporting". Media One called it "an order to stop free and fair journalism".

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