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
June 7,2020

Bengaluru, Jun 7: An eminent scientist on Sunday suggested a shift system in schools to prevent spread of the coronavirus and continuing with online classes with focus on project-based learning in a big way to promote creativity.

Former Director General of the Defence Research and Development Organisation (DRDO) V K Saraswat supported the idea of online teaching in the absence of regular classes in view of closure of schools due to the COVID-19 pandemic.

But, he said it should be organised in far better and more interactive ways so that delivery of knowledge can be better. The NITI Aayog member stressed the need for schools to have a strategy when they reopen keeping in mind the safety of students.

May be they will have to organise shifts so that within the same space they can handle the students; May be they will have to employ more teachers, and they can run two shifts. "May be half the strength in a class can come in the morning and others in the afternoon.

Or students of first to sixth standard can come in the morning and seventh to tenth can come in the afternoon, Saraswat told PTI. Reopening strategy will have to be worked out by the education department, added the former Chief Scientific Advisor to the Defence Minister.

Along with normal classes, online education should be continued as a regular system in future, and promoted in a big way because that is the way technology is going to help delivery of knowledge, he added. Saraswat also raised the pitch for reforms in the education sector, saying India is facing the problem of rote learning.

Rote learning has to give way for more project-based teaching, he underlined. Children should be made to work on projects at home and that can be done online. That will also support the changeover from rote learning to creative learning.

I personally believe the education delivery system -- primary, secondary and college levels -- has to be completely changed because creativity in India is less and creativity would come only if we replace rote learning with project-based learning, Saraswat said.

On some academics holding the view that the marks-based model is killing the education system in India as it does not promote creativity, he said evaluation of any outcome is important. Even when we perform in our normal way, evaluation cannot be replaced.

Otherwise, you cant find out how much you have succeeded in delivery. Certainly evaluation cannot be dispensed with. He did not agree with some experts, who favoured a single, uniform system for school education in India by dispensing with CBSE, ICSE and state boards. I am not for normalising everything in life.

I personally believe variety should be there. This concept of one kind of a system is okay for a Communist society, society which was trying to drive everybody like a herd, he said.

Creativity comes with variety, and there is nothing wrong in having different kinds of education system, but one thing which is important is we have to integrate vocational training as part of the education curriculum," Saraswat said. Vocational part cannot be kept away from the education system, he added.

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News Network
March 24,2020

Bengaluru, Mar 24: Underlining the seriousness of the coronavirus, which is spreading like wildfire in Karnataka, renowned Heart Surgeon and founder of Narayana Hrudayalaya Dr Devi Shetty on Tuesday predicted that Karnataka alone will have more than 80,000 people affected with the dreaded killer disease COVID-19 if people fail to protect themselves.

He urged the people to cooperate with the Government in preventing its further spread and immediately treat those who are affected.

Dr Shetty, urging the people to remain indoors and not to venture out, said those who are affected should not come out and remain in isolation even in their houses and take all precautions advised by doctors.

He said if 80,000 people in the state were affected, more than 20,000 need to be admitted to Hospital for treatment.

"More than 2000 affected need to be kept under ventilation and it requires more infrastructure in the hospitals," he said.

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News Network
February 24,2020

New Delhi, Feb 24: India and the US are committed to defend their people from radical islamic terrorism, resolved to significantly expand defence ties and are working on a "fantastic" trade deal, said US President Donald Trump on Monday while asserting that his country "loves" and is "loyal" to India.

Addressing a huge crowd at 'Namaste Trump' event at the Motera stadium here, the US president, accompanied by his wife Melania and Prime Minister Narendra Modi, talked about India's great tradition of embracing individual freedom, rule of law, dignity of every human being and where people worship side-by-side in harmony.

On his maiden visit, Trump, who was welcomed by Modi on his arrival here, said his country will remain a "loyal" friend of India and called the Prime Minister an "exceptional leader" who works day and night for the country.

"India and the US are committed to fight terrorists and their ideology; that is why my government is working with Pakistan to crack down on terror groups," Trump said in the presence of his family -- daughter Ivanka, son-in-law Jared Kushner-- and top brass of his administration.

"The US will always be faithful and loyal friend of India. Thank you for the spectacular welcome," he added.

He also announced that the two countries will firm up defence deals worth USD 3 billion on Tuesday and that the US will become India's premier defence partner.

"India and US have natural and enduring friendship," Trump said to a cheering crowd.

"We are quickly revitalising our alliances all around world," he said.

Trump said both countries are working on a "fantastic trade" deal, and observed that Modi is a "tough negotiator".

The US president also heaped praises on Modi, saying the Prime Minister is a "living proof" of what an Indian can achieve with hard work as Trump referred to his humble background as a tea-seller, who had a landslide win in the 2019 Lok Sabha polls.

On his part, Modi welcomed Trump to "world's largest democracy" and said a "new history" was being created.

Modi also praised Trump's leadership in containing terrorism.

Trump said as the world's largest economy, India gives hope to all humanity and has become an economic giant.

"There is a difference between a nation that rises by coercion and one that rises by setting its people free -- that is India. India and the US have natural and enduring friendship," he said.

He also touched on India's cultural diversity and riches as he highlighted the success of its blockbuster movies like DDLJ (Dilwale Dulhania Le Jayenge) and Sholay, and its sporting icons like Sachin Tedulkar and Virat Kohli.

He highlighted the boom in the US economy under his presidency and added that India will soon be home to the biggest middle class as it will eliminate extreme poverty in in next 10 years.

On his part, Modi said ties between India and the US are no longer just another partnership but have touched far greater heights.

Welcoming Trump, he said a "new history" is being created.

Visit of President Trump to India with his family shows strong ties between India and the US, said Modi.

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