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
January 15,2020

Bengaluru, Jan 15: The on-going process to select a new Karnataka Pradesh Congress Committee (KPCC) president is likely to drag on for few more days with former CM and opposition leader Siddaramaiah making a strong pitch for former minister MB Patil over DK Shivakumar for the post.

Siddaramaiah, who met AICC president Sonia Gandhi and other senior Congress leaders in New Delhi on Tuesday, reportedly argued in favour of Patil, saying his elevation would help the party win Lingayats to the fold.

“Yediyurappa, the undisputed leader of the Lingayat community, is almost at the end of his career and it is an opportunity for the Congress to gain the confidence of the community. Being a leader from North Karnataka, Patil fits the bill perfectly,” Siddaramaiah reportedly told Sonia.

Siddaramaiah is said to be backing Patil over Shivakumar as he is worried about losing his hold over the state unit, given Shivakumar’s popularity. While Sonia did give the former CM a patient hearing, she is said to have told him that he should obey and cooperate with whatever decision high command takes.

The high command is looking to evolve consensus on the new state president. “Sonia’s meeting with Siddaramaiah is part of this exercise. She wants to keep everybody in the loop,” said a functionary.

Siddaramaiah also met senior leaders Ahmed Patel and AK Anthony. He is expected to meet former AICC president Rahul Gandhi on Wednesday.

However, some including Mallikarjun Kharge and Shamanur Shivashankarappa have expressed reservations against Patil’s elevation, pointing to his role in the controversial separate Lingayat religion issue which dented the Congress’ prospects in the 2018 assembly polls.

“He has a very bad name among Lingayats and making him president would prove counter-productive. Moreover, it is difficult to win back Lingayats as long as Yediyurappa is active in politics,” said a senior Congress leader.

Another functionary said a majority of state functionaries — and even some in the high command — favour Shivakumar as he is not only “resourceful”, but also has momentum. “With HD Deve Gowda and HD Kumaraswamy losing popularity among Vokkaligas, the possibility of the community backing Shivakumar is high. This may land him the top job,” the functionary said.

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News Network
January 7,2020

New Delhi, Jan 7: The Delhi Police has filed an FIR against JNUSU president Aishe Ghosh and 19 others for allegedly attacking security guards and vandalising the server room of the Jawaharlal Nehru University (JNU) on January 4.

The police registered the FIR on January 5.

In the complaint filed by the JNU administration, the University alleged that the accused were involved in physical violence and pushed the women guards, verbally abused them and threatened them of dire consequences if they opened the lock of university's communication and information (CIS) office.

"They illegally trespassed the University property with the criminal intention to damage the public property. They damaged servers and made it dysfunctional. They also damaged fiber optic power supplies and broke the biometric systems inside the room," the University officials alleged.

This incident allegedly occurred a day before Aishe Ghosh, other JNU students and teachers were attacked by a masked mob inside the campus.

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News Network
April 27,2020

New Delhi, Apr 27: Indian prime minister Narendra Modi has said the monthlong ongoing lockdown has yielded positive results and that the country has managed to save “thousands of lives”.

Modi, who had a videoconference with various heads of the states on Monday, said the impact of the coronavirus, however, will remain visible in the coming months, according to a press statement released by his office. On the issue of getting back Indians who are overseas, the Prime Minister said that this has to be done keeping in mind the fact that they don’t get inconvenienced and their families are not under any risk.

During the meeting with state heads, Modi advocated for social distancing of at least 6 feet and the use of face masks as a rapid response to tackle COVID-19.

He said that states should put their efforts of converting hotspots, or red zones, into “orange and thereafter green zones”.

India last week eased the lockdown by allowing shops to reopen and manufacturing and farming activities to resume in rural areas to help millions of poor, daily-wage earners. But the economic costs of the nationwide lockdown continue to mount in a country of 1.3 billion people.

Modi, who put India under a strict lockdown on March 25, did not say if the lockdown restrictions will extend after May 3.

India has confirmed over 27,000 cases of the coronavirus, including 872 deaths.

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