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.
Agencies
April 14,2020

Mumbai, Apr 14: Activist and scholar Anand Teltumbde was arrested by the National Investigation Agency (NIA) on Tuesday after he surrendered before it in connection with the Elgar Parishad-Maoist links case.

Teltumbde surrendered at the NIA office at Cumbala Hill in south Mumbai following the Supreme Court's directives.

He was subsequently arrested by the NIA and shall be produced before a court here shortly, an official said.

Earlier, the scholar reached the NIA office in the afternoon along with his wife Rama Teltumbde and brother-in- law and Dalit leader Prakash Ambedkar.

Anand Teltumbde is the grandson-in-law of Dalit icon Dr B R Ambedkar, whose 129th birth anniversary is being observed on Tuesday.

Civil rights activist Gautam Navlakha, a co-accused in the case, also surrendered before the NIA in Delhi. His anticipatory bail plea was also rejected by the apex court.

According to the official, Navlakha will be produced before the court in Mumbai through video conference.

The Supreme Court on March 17 this year rejected the pre-arrest bail pleas of Anand Teltumbde and Gautam Navlakha, and directed them to surrender before the investigating agency.

Teltumbde, Navlakha and nine other civil liberties activists have been booked under the stringent provisions of Unlawful Activities Prevention Act (UAPA) for having alleged Maoist links and conspiring the overthrow the government.

The apex court while rejecting Teltumbde and Navlakha's bail pleas on March 17, directed them to surrender before the prosecuting agency withing a period of three weeks.

The duo later sought extension of the time.

On April 9, the Supreme Court extended the time by one week by way of last chance.

The activists were booked initially by Pune Police following violence that erupted at Koregaon-Bhima there.

According to police, the activists made inflammatory speeches and provocative statements at the Elgar Parishad meet held in Pune on December 31, 2017, which triggered violence the next day.

The police also said these activists were active members of banned Maoist groups.

The case was later transferred to NIA. Teltumbde and Navlakha were given interim protection by the Bombay High Court while their pre-arrest bail pleas were being heard.

After the high court rejected their applications, the duo approached the Supreme Court.

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.
coastaldigest.com news network
June 14,2020

Kasaragod, June 14: Two teenagers lost their lives and two others sustained injuries after the car in which they were travelling veered off the road and turned turtle at Kumbla in Kasaragod district today. 

The deceased have been identified as Hussin (17), son of Abusalih-Hasina couple from Kumbala Badria Nagar and Hasan Midlaj (18) hailing from Talangara. 

The condition of Shahal, a resident of Moghal, is said to be critical. He was rushed to a private hospital in Mangaluru. 

The accident occurred near Little Lilli English Medium School. High speed and rash driving are said to be reason for the crash. 

The Maruti Zen car veered off the road and rammed into a tree before turning turtle. There were four people on board the car. One died on the spot and the other at the hospital.

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
January 1,2020

Mangaluru, Jan 1: Karnataka Home Minister Basavaraj Bommai said here on Tuesday that the State government will think about making policy on giving compensation to the families of those who have died in police firing.

Speaking to newsmen here on Tuesday, he said that the government withholding compensation to the families of two persons who died in police firing in the city on December 19 after a protest against the Citizenship (Amendment) Act turned violent and even in 2006 when two persons had died in police firing at Mulky in Dakshina Kannada the then State government had not given any compensation to their families.

In the latest case, the First Information Report (FIR) has named the two persons who had died in the firing as the accused. After the incident, there were demands to provide compensation to the families of the victims.

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.