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 5,2020

New Delhi, Feb 5: Union Home Minister Amit Shah on Tuesday announced that the Shri Ram Janmabhoomi Teertha Kshetra, set up by the government for construction of a temple in Ayodhya, will have 15 trustees and one of them will be from the Dalit community.

The statement comes a little over an hour after Prime Minister Narendra Modi announced in Lok Sabha about the constitution of the trust.

"There will be 15 trustees in the Shri Ram Janmabhoomi Teertha Kshetra Trust out of which one trustee will always be from the Dalit society," he tweeted.

Shah congratulated Modi "for such an unprecedented decision" that strengthens social harmony.

The home minister said the trust will be independent to take every decision related to the temple and 67 acres of land will be transferred to it.

"I fully believe that the waiting of millions of people for centuries will be over soon and they will be able to pay obeisance to Lord Shri Ram in his grand temple at his birthplace," he said.

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News Network
April 29,2020

Washington, Apr 29: A US government panel on Tuesday called for India to be put on a religious freedom blacklist over a "drastic" downturn under Prime Minister Narendra Modi, triggering a sharp rebuttal from New Delhi.

The US Commission on International Religious Freedom recommends but does not set policy, and there is virtually no chance the State Department will follow its lead on India, an increasingly close US ally.

In an annual report, the bipartisan panel narrowly agreed that India should join the ranks of "countries of particular concern" that would be subject to sanctions if they do not improve their records.

"In 2019, religious freedom conditions in India experienced a drastic turn downward, with religious minorities under increasing assault," the report said.

It called on the United States to impose punitive measures, including visa bans, on Indian officials believed responsible and grant funding to civil society groups that monitor hate speech.

The commission said that Modi's Hindu nationalist government, which won a convincing election victory last year, "allowed violence against minorities and their houses of worship to continue with impunity, and also engaged in and tolerated hate speech and incitement to violence."

It pointed to comments by Home Minister Amit Shah, who notoriously referred to mostly Muslim migrants as "termites," and to a citizenship law that has triggered nationwide protests.

It also highlighted the revocation of the autonomy of Kashmir, which was India's only Muslim-majority state, and allegations that Delhi police turned a blind eye to mobs who attacked Muslim neighborhoods in February this year.

Coronavirus state-wise India update: Total number of confirmed cases, deaths on April 29

The Indian government, long irritated by the commission's comments, quickly rejected the report.

"Its biased and tendentious comments against India are not new. But on this occasion, its misrepresentation has reached new levels," foreign ministry spokesman Anurag Srivastava said.

"We regard it as an organization of particular concern and will treat it accordingly," he said in a statement.

The State Department designates nine "countries of particular concern" on religious freedom -- China, Eritrea, Iran, Myanmar, North Korea, Pakistan, Saudi Arabia, Tajikistan and Turkmenistan.

The commission asked that all nine countries remain on the list. In addition to India, it sought the inclusion of four more -- Nigeria, Russia, Syria and Vietnam.

Pakistan, India's historic rival, was added by the State Department in 2018 after years of appeals by the commission.

In its latest report, the commission said that Pakistan "continued to trend negatively," voicing alarm at forced conversions of Hindus and other minorities, abuse of blasphemy prosecutions and a ban on the Ahmadi sect calling itself Muslim.

India's citizenship law fast-tracks naturalization for minorities from neighbouring countries -- but not if they are Muslim.

Modi's government says it is not targeting Muslims but rather providing refuge to persecuted people and should be commended.

But critics consider it a watershed move by Modi to define the world's largest democracy as a Hindu nation and chip away at independent India's founding principle of secularism.

Tony Perkins, the commission's chair, called the law a "tipping point" and voiced concern about a registry in the northeastern state of Assam, under which 1.9 million people failed to produce documentation to prove that they were Indian citizens before 1971 when mostly Muslim migrants flowed in during Bangladesh's bloody war of independence.

"The intentions of the national leaders are to bring this about throughout the entire country," Perkins told an online news conference.

"You could potentially have 100 million people, mostly Muslims, left stateless because of their religion. That would be, obviously, an international issue," said Perkins, a Christian activist known for his opposition to gay rights who is close to President Donald Trump's administration.

Three of the nine commissioners dissented -- including another prominent Christian conservative, Gary Bauer, who voiced alarm about India's direction but said the ally could not be likened to non-democracies such as China.

"I am deeply concerned that this public denunciation risks exactly the opposite outcome than the one we all desire," Bauer said.

Trump, who called for a ban on Muslim immigration to the US when he ran for president, hailed Modi on a February visit to New Delhi.

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News Network
April 18,2020
Bengaluru, Apr 18: State Home Minister Basavaraj Bommai has stated that there is no need for Dubai Kannadigas to be worried during the COVID-19 crisis.
 
In a statement issued here on Saturday, he said that the State government is with the Dubai Kannadigas and their families residing here in the State, promising that they will not face any problems.
 
Bommai also sought the cooperation of all Dubai-based Kannadiga industrialists and employees in the fight against the virus.

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Syef
 - 
Sunday, 19 Apr 2020

We are already facing lot of problems here without food and money.

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