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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coastaldigest.com web desk
May 10,2020

Mangaluru/ Bengaluru, May 10: Nearly 11,000 non-resident Kannadigas who are seeking repatriation from various countries across the world should be ready to shell out a huge amount for a two-week private quarantine in Karnataka before reaching their home.

The Kannadigas stranded in Gulf countries including UAE and Saudi Arabia have already expressed shock over the high airfare for repatriation during coronavirus lockdown. Another shocker is heavy quarantine fee once they reach their home state.

Officials in Mangaluru and Bengaluru have confirmed that administration has fixed charges for quarantine facilities starting from Rs 1,200 up to Rs 4,500, including food per day. 14 day quarantine will be mandatory for all healthy and asymptomatic international passengers. Hence, they should be ready to pay Rs 16,800  to Rs 63,000.

The other option is government quarantine centres: hostels run by social welfare, backward classes welfare and minority welfare departments but they are far from satisfactory. This is in stark contrast to the plush government quarantine facilities in Kerala.

In Mangaluru

The first repatriation flight to Mangaluru International Airport is expected to land on Tuesday, May 12 from Dubai.

The quarantine facilities include lodges, hostels and service apartments. Rates are fixed based on four categories: basic, economy, medium and premium. The basic facilities are mainly hostels of educational institutions, and the rest are budget and star hotels, said Rahul Shinde, probationary IAS officer, who is In-charge of the quarantine facilities for those being repatriated.

In Bengaluru

As many as 350 international passengers are set to arrive in Bengaluru at 3 am on Monday, May 11. So far, nobody has opted for government quarantine facilities, according to Lakshman Reddy, Joint Director, Social Welfare Department.

In Bengaluru, there are 55 hostels of the social welfare department, 51 of the backward classes welfare department and 12 of the minority welfare department. “We provide them with three square meals a day,” he added.

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News Network
January 11,2020

Mangaluru, Jan 11: CISF officials detained a passenger at Mangaluru International Airport here and seized from him currencies of foreign countries worth about Rs five lakh here on Saturday.

Official sources said that the passenger, identified as Shahul Hameed Theruvath, was supposed to take the Spice jet flight SG 059 for Dubai.

During the X BIS screening process, CISF officials noticed some suspicious image in Shahul’s hand baggage.

The thorough check of bag revealed foreign currencies of various countries worth Rs 5.48 lakh. The seized currencies were 76 US dollars of 100 denomination, Chinese Yuan, Malaysian Ringgits and Turkish Lira of smaller denomination. The currencies that were in his possession did not have any legal permission.

The personnel handed over the foreign currency recovered and the passenger to Customs officials for further inquiry.

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News Network
February 21,2020

Thiruvanthapuram, Feb 21: Rape-accused Bishop Franco Mulakkal has been accused of sexual abuse by another nun. Police sources say that there is at least one more nun who has given a statement of sexual assault against the bishop.

This nun is a witness in the rape case registered against Franco Mulakkal. She is the 14th witness in the case and in her statement, she said that the bishop made sexually-colored and lewd remarks to her over the phone.

As per the nun, they were in communication via phone calls, chat and video calls for a period of two years from 2015 to 2017.

In the statement, the nun said that she kept quiet as she was scared of the bishop.

In her witness statement in September 2018, she said that in 2017, the bishop visited the convent she was in and hugged and kissed her.

Police say that the witness was not ready to file a complaint against the bishop. They had alerted the police in the jurisdiction and when the team met her, she refused to file a complaint. Hence a separate case wasn't registered against Bishop Franco

The first nun of Missionaries of Jesus had accused Franco of raping her multiple times at the Kuruvilangadu convent in Kottayam. The FIR in the case was registered in June 2018.

Then after protests, Franco was arrested on September 21, 2018.

The chargesheet in the case was submitted in April 2019. In the chargesheet, Bishop Franco Mullackal has been charged under various sections of the IPC: 342 (wrongful confinement), 376 (2k) (rape on a woman incapable of giving consent), 376 (2n) (causing grievous bodily harm during rape), 376 (c) (a) 377 (unnatural offence) and 506 (1) (criminal intimidation).

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