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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Dr Parinitha
January 17,2020

We came on foot, we came on boats, shouting slogans of Azadi.

We stood on roof tops and sat on walls under the burning midday sun,

Listening to the words that we had longed to hear for so long.

Words that had been scripted through the lonely fears of our hearts.

Words that were spoken now with the clarity of courage.

Words that were spoken now with the suppressed strength of pent up anger.

Words that were spoken now with the certainty of belonging to the soil 

Which had become one with the dust of our ancestors.

We stood there in the waves of heat

Feeling the surge and press  of countless bodies around us.

Bodies meshed through the odour of sweat 

And the shared fear of a common persecution.

And hanging from the roof tops,

And tied to the poles,

And clutched in hands slippery with sweat,

And wrapped round the pillars,

And spreading into our blood,

Were three strips of colour with a wheel of spokes,

Sewn together into the shape of our being.

Woven into the folds of our future and the creases of our past. 

Stitched to the seams of the earth, the water, the air and the sky 

That belonged to us and to which we belonged. 

And we stood there from noon to evening,

We the people of India.

Raising our clenched fists like signposts to the future.

Chanting slogans like a new anthem.

Kin to each other through the ties of community.

Born to live and die 

In a nation that was ours to hold on to

And ours to belong to.

Dr Parinitha is a professor of English in Mangalore University. She penned the poem soon after participating in the historic protest against CAA, NPR and NRC at Shah Garden, Adyar, Mangaluru on 15th January, 2020.

Also Read: 

‘The more you try to divide us, the stronger and united we’ll be’: Record turnout in Mangaluru’s anti-NRC protest

Anti-NRC protest in Mangaluru brings ‘media bias’ to the fore

Comments

Abdullah
 - 
Wednesday, 29 Jan 2020

Salute to you siter for your meaningful poem.  This is reality.  However, the enmy is blind/deaf/dumb.   May God give right way of thinking to enmy and in case he is unlucky, let God finish him and let him beg for death.  

Indian
 - 
Thursday, 23 Jan 2020

Waav..What a Heart Touching poetry...

 

Hats off to you ma'am....

 

Love from all Indians...

 

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News Network
May 28,2020

May 28: The Karnataka State Election Commission on Thursday announced postponement of gram panchayat polls citing the COVID-19 pandemic.

Out of 6,025 gram panchayats, the tenure of 5,800 gram panchayats will end by June-August 2020.

"After examining the feasibility of conducting general elections to gram panchayats, the State Election Commission, considering the current situation as exceptional circumstance, has decided to temporarily postpone the general elections to the gram panchayats," the SEC said in a release.

It said after examining the situation in the days to come, the decision will be taken on holding the general elections to the gram panchayats.

The CEC also states that report by Deputy Commissioners of districts on holding the elections was verified and it has been found that district administrations are involved in COVID-19 related work and there will be shortage of staff and transport facilities for the elections. Besides, there would be a problem in maintaining law and order.

Last week through a letter to Deputy Commissioners of districts, the commission had sought opinion on holding panchayat polls amid the COVID-19 crisis. It had also pointed out that electoral roll needs to be prepared and reservations had to be allocated as per the new amendments.

Stating that the state election commission's decision to postpone gram panchayat elections was against the provisions of the Karnataka Panchayat Raj Act 1993, the Leader of Opposition Siddaramaiah said the Congress will question this "undemocratic act" in the court of law.

He accused the commission of playing to the BJP's tune and said the congress will protest the decision at gram panchayat level.

Opposition parties in the state, especially congress, have been demanding elections.

The government was in favour of postponement of polls and wants to have administrative committees to govern the panchayats, until the polls are held, according to government sources.

The Congress, raising apprehension about administrative committees, has accused the government of conspiring to have ruling BJP workers as its members.

A congress delegation had last week submitted a petition to State Election Commissioner B Basavaraju and urged the Commission to hold elections.

The congress had even suggested continuation of sitting panchayat members until the polls are held, instead of appointing administrative committees.

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News Network
February 17,2020

Mangaluru, Feb 17: Kambala superstar Shrinivas Gowda, who is drawing comparisons to ace sprinter Usain Bolt, has reportedly refused to take part in athletics trials with the Sports Authority of India.

28-year-old Gowda, who hails from Moodbidri in Dakshina Kannada, was celebrated as a potential Olympian after a clip of his race went viral, amid claims that he had done 100m in 9.55 seconds, against Bolt's record of 9.58. He has so far won 32 medals in 11 kambala events this season.

Union sports minister Kiren Rijiju and SAI said Gowda would appear for trials at SAI's Bengaluru centre on Monday. The government "will do everything to identify sporting talents", Rijiju had tweeted.

"I will meet the Chief Minister. I am keen on continuing in kambala," Gowda said. Asked about the clamour for a crossover into athletics, he said, "For the time being I have no plans to appear for SAI trials. I am busy with the Kambala season and will consider meeting them following that and after consulting my well-wishers."

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