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 4,2020

Bengaluru, Feb 4: A 33-year old woman techie allegedly stabbed her mother to death and made a murderous assault on her younger brother before fleeing their home here, police said on Tuesday.

According to police, the woman fatally stabbed her mother using a knife and attacked the brother early on Monday.

The injured brother has been hospitalised here.

A search was on for the techie and the motive for her action under investigation, police said.

The woman, employed as a software engineer with a company here, earlier had told her mother and 30-year old brother that she has been transferred to Hyderabad and she may have to relocate.

The brother told police that in the early morning on Monday he saw his sister searching something desperately and offered to assist, which she refused.

However, minutes later she made a murderous assault on him, he told police, adding when he screamed for help and called his mother, his sister said she has killed their mother.

She stabbed him and attacked with an iron rod before fleeing, her brother told police.

The body of the mother was found in another room in the house.

"We are still investigating the matter. We are not clear about the motive behind the murder," a police officer told media adding the woman was yet to be arrested.

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News Network
January 3,2020

Bengaluru, Jan 3: Prime Minister Narendra Modi on Friday called on young scientists of India to "Innovate, Patent, Produce and Prosper," and said these four steps would lead our country towards faster development. The Prime Minister also stressed on the need to transform the landscape of Indian science, technology and innovation.

"The growth story of India depends on its success in the science and technology sector. There is a need to transform the landscape of Indian science, technology and innovation," Modi said.

Speaking after inaugurating the 107th Session of Indian Science Congress, he said, "My motto for the young scientists in this country is -Innovate, Patent, Produce and Prosper. These four steps will lead our country towards faster development."

"If we innovate we will patent and that in turn will make our production smoother and when we take these products to the people of our country, I'm sure they will prosper," he said, adding that innovation for the people and by the people is the direction of our new India. The Prime Minister also said he was happy to learn that India's ranking has improved in the Global Innovation Index to 52.

"Our programmes have created more technology business incubators in the last five years than in the previous 50 years. I congratulate our scientists for this achievement," he added.

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News Network
May 18,2020

Dubai, May 18: An Indian working in a mining company in the UAE has become the latest expatriate to have lost his job for hate-filled social media posts targeting Islam and Muslims.

Brajkishore Gupta was fired without notice for calling Indian Muslims 'coronavirus spreaders' and hailing the Delhi violence as 'divine justice' in his Facebook posts.

Gupta, who is from Chapra, Bihar, was employed by Stevin Rock, a mining company headquartered in Ras Al Khaimah city.

"This isolated incident involving a junior employee was investigated and dealt with immediately resulting in the termination without notice of this person's employment with Stevin Rock," said the company's business development and exploration manager Jean-Francois Milian.

"Our company policy supports the direction of the UAE government in promoting tolerance and equality and strongly renouncing racism and discrimination and we have sent communications to all of our employees irrespective of their religious or ethnic background reminding them that any such behaviour is unacceptable and will lead to immediate dismissal," Milian was quoted as saying in the report.

Three Indians based in the UAE were either fired or suspended from their jobs for "Islamophobic" posts on social media early this month.

On April 20, India's ambassador to the UAE Pavan Kapoor had warned Indian expatriates against such behaviour.

"India and UAE share the value of non-discrimination on any grounds. Discrimination is against our moral fabric and the Rule of law. Indian nationals in the UAE should always remember this," he said in a tweet.

Last month, Sharjah-based businessman Sohan Roy had to apologise for "unintentionally hurting religious sentiments" through his poem, which alluded to a Muslim religious group.

In March, chef Trilok Singh was fired from a restaurant in Dubai for an online threat against a student in Delhi over her views on the Citizenship Amendment Act.

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