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 4,2020

Mangaluru, May 4: District Health Officer Dr Ramachandra Bairi on Monday said that a special team, comprising of six members, has been constituted to find the source of Corona infection in Dakshina Kannada .

The team is expected to file its report by May 6. It is still not clear if Bantwal was the source was the infection or not.

He said 1st phase of investigation in this regard is complete and the samples taken on the 12th day will give a clear picture.

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News Network
May 26,2020

Bengaluru, May 26: The state government today hinted that places of religious worship belonging to Hindus will be allowed to reopen from June 1, keeping social distancing and other norms in place.

In principle, the government has decided to open temples coming under the Muzrai department after Lockdown 4.0 ends on May 31. The decision was taken at a meeting chaired by Chief Minister BS Yediyurappa.

“Movement of people on air and rail has started. We have been receiving repeated pleas from devotees that temples should be opened. When this was discussed with the CM during a review of the Muzrai department, it was decided that temples can start from June 1,” Muzrai Minister Kota Srinivas Poojary told reporters. 

Poojary said all day-to-day activities will be allowed in temples. “But religious fairs and ceremonies will not be permitted,” he said. 

Mosques and churches

Asked whether his government will allow opening of mosques and churches too from June 1, he replied that they don't come under his Muzrai dept.

Howvever, government sources said this may apply to mosques, churches and other places of religious worship as well. However, this decision will be subject to whether or not the Centre will allow places of religious worship to be open for the public after Lockdown 4.0, an official said. 

All places of religious worship have been closed for the public ever since Karnataka enforced a state-wide lockdown on March 24 to contain COVID-19. 

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News Network
March 13,2020

Bengaluru, Mar 13: This year, schoolchildren will have a longer summer vacation starting early, thanks to the new coronavirus onslaught. Primary and Secondary Education Minister Suresh Kumar on Thursday announced that schools in Bengaluru Urban and Rural districts will be closed for vacation from Friday.

Classes from LKG to sixth standard will closed for vacations till the schools reopen in June, while students of classes 7-9 will have ‘study holidays’ until their examinations commence (as scheduled by their respective schools). Their summer vacations will begin with the completion of their examinations.

Class 10 students will have their examinations according to the dates scheduled earlier.

“Let us not treat this as a panic reaction or something to cause a scare. This measure is taken as a precaution. A lot of parents were worried about their children. We have already announced the closure of schools from nursery to sixth standards. Now, we are declaring official holidays upto sixth standard. Students of standards 1-6 will all be promoted based on their formative assessment,” said Kumar adding, “no student will be detained in those classes.”

With respect to seventh, eighth and ninth standards, the schools will be closed for study holidays and students will have to return to write their examinations.“We will not interfere in the examination schedules of CBSE and ICSC schools. However, state syllabus schools have to finish their examinations before March 23”, Public Instruction Commissioner KG Jagadeesh said.Just a couple of papers of the PU examinations are left after which their holidays will begin.

Exam timetable not changed

Miscreants are spreading rumours that SSLC examination dates are changed because of the new coronavirus outbreak. However, Karnataka Secondary Education Examination Board director V Sumangala categorically said the examinations will be held from March 27  to April 9 as scheduled earlier.

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