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
February 14,2020

Bengaluru, Feb 14: After the swearing-in of ten former JDS and Congress MLAs, political boundaries seem to have become more fluid, with little clarity on who is on whose side. When Honnali BJP MLA Renukacharya visited senior Congressman DK Shivakumar at the latter’s residence, many eyebrows were raised over the reason behind the meeting. There was speculation over why Renukacharya would be meeting a man who is, in all likelihood, slated to be the next KPCC president.

Renukacharya reacted to the rumours by making the meet sound purely professional. He said, “We have a three-day Krushi Sammlan in Honnali, and I went to invite him (DKS) for it.’’   Shivakumar also remained tight-lipped over the real reason behind the meeting, and corroborated Renukacharya’s story. However, insiders claim that the two discussed other issues too. It may be recalled that Renukacharya had openly rebelled against Yediyurappa in 2009.

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News Network
February 24,2020

Bengaluru/Kodagu, Feb 24: Three days after the sloganeering by 19-year-old college student Amulya Leona Norohna at an anti-CAA rally and her subsequent arrest on charges of sedition kicked up a storm, Karnataka minister BC Patil on Sunday advocated central legislation that enables authorities “to shoot at sight” those chanting pro-Pakistan slogans.

Responding to reporters’ queries on the ongoing fracas over the chants, Patil said he would appeal to Prime Minister Narendra Modi to bring in a law so that anti-national elements are “killed on the spot”.

“The Centre must promulgate a law that enables authorities to shoot those who do anything that is seen as anti-national and chant pro-Pakistan slogans,” Patil said. “These elements must be killed on the spot. I am appealing to the PM, through the media now, to bring in such a law. I will also write to the PM.”

In Kodagu, Union minister for chemicals and fertilizer, DV Sadananda Gowda, echoed state home minister home minister Basavaraj Bommai’s line that stringent action will be taken against those indulging in anti-national activity, saying there will be “no mercy” for those taking a pro-Pakistan stance.

“The Union government will assist in the police investigation in Amulya,” he said. Gowda went on to claim that many anti-national organizations have been using CAA protests for political gain.

“We will curb such incidents forever. We will not allow such incidents to happen in future. Organisers of such rallies should be thoroughly questioned,” Gowda said.

Bommai on Saturday had also claimed the government will initiate action against educational institutions and hostels it they fail to act against students indulging in such activity.

“The government will discuss ways to prevent such incidents in colleges and hostels. We will instruct heads of educational institutions and hostel wardens to initiate action against such students. If they fail, the government will take action against them,” Bommai said, without defining what constitutes anti-national activity.

However, despite Congress saying there is no room for anti-national activity and stringent action must be taken against those indulging in such activity, former minister and senior functionary DK Shivakumar suggested he found nothing in Amulya’s background to suggest she is anti-national.

“Let me make it absolutely clear that the Congress party will not support any person or persons who hail another country and bring shame to India,” Shivakumar said. “However, I have seen the girl’s [Amulya’s] previous posts on social media and read her statements on various forums. She has been making statements on an ideological ground. Let us not jump the gun, but investigate exactly what she meant to say.”

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News Network
January 9,2020

Mangaluru, Jan 9: A forest guard was arrested caught red-hand by Anti-Corruption Bureau (ACB) officials while accepting Rs 3,000 bribe from a person for granting permission to cut Mahogany trees for his personal use, a statement said on Thursday.

According to the statement, the arrested identified as N Sudheer sought bribe of Rs 15,000 from Gopalakrishna Herale, a resident of Beltangady.

Mr Herale, in a complaint, lodged on January 7 said that he had sought a permit from the forest department for cutting of Mahogany trees purchased by him.

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