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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 9,2020

Bengaluru, Mar 9: Karnataka government has ordered holidays for children in lower and upper kindergarten classes in Bengaluru, in the wake of coronavirus outbreak and with positive cases being reported from states in its neighbourhood.

"Further to the advice received from the Health Commissioner, holidays have been declared for Lower and Upper Kindergarten classes in Bengaluru North, South and Rural districts due to coronavirus, " Karnataka Minister for Primary and Secondary Education S Suresh Kumar said on Sunday.

According to official estimates, no positive cases of coronavirus have been reported from Karnataka till now.

The state has strengthened all surveillance and containment measures against the possible spread of disease.

Till Sunday, 890 persons have been identified for observation including persons who have travelled to COVID-19 affected countries and contacts of COVID-19 positive cases.

Six persons have been admitted to selected isolation hospitals.

According to official estimates, till date 87,066 passengers have been screened at airports in Karnataka.

The number of COVID-19 cases in India climbed to 39 on Sunday with five people in Kerala testing positive for coronavirus. The deadly virus has caused the deaths of over 3300 people globally.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 10,2020

Bengaluru, Jun 10: Internet connectivity, provided under the central government's BharatNet initiative, will be improved in rural areas of Karnataka in the next two to three months, said Deputy Chief Minister CN Ashwath Narayan.

After video conferencing with heads of different agencies and officials, on improving the quality of internet in rural areas, Ashwath Narayan said, "I reviewed the progress of the BharatNet implementation and the steps to be taken to improve the quality of internet connectivity in the next two to three months."

"We also discussed the possibility of giving the implementation of BharatNet to a different agency. We will seek permission from the central government and continue the project. We will ease communication with rural people by ensuring quality and high-speed internet to all Gram Panchayats," he added.

When BSNL officials and other agency representatives who attended the video conference shared their problems, the Deputy Chief Minister assured to solve them through proper coordination.

"Through BharatNet, several government schemes are being implemented in rural areas. Civic service centres are issuing birth and death certificates, Aadhaar cards and social security pensions among others. Of the total 6,000 Gram Panchayats in the state, 4,000 have high-speed internet connectivity, and the remaining will be provided with better internet connectivity through a new agency,'' said Ashwath Narayan.

Additional Secretary (e-governance) Rajeev Chawla, Additional Chief Secretary (IT-BT) EV Ramana Reddy, Principal Secretary (RDPR) Uma Mahadevan, Director (IT) Meena Nagaraj, Collegiate Education Director Pradeep and other senior officials were present in the meeting.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
July 7,2020

Mangaluru/Udupi, Jul 7: Coastal districts of Dakshina Kannada and Udupi crossed 100 plus Covid19 positive cases mark again on Tuesday, after slipping to double digit cases for a day on Monday. While Dakshina Kannada accounted for 83 of these cases and one death, Udupi tallied 28 fresh cases taking the combined tally of new cases to 111.

DK stood second behind Bengaluru Urban that recorded 800 out of 1,498 new cases that the state recorded for the day.

In all, 48 primary contacts testing positive led DK district’s spurt of 83 cases, Sindhu B Rupesh, deputy commissioner, said. Influenza like illness (ILI) cases accounted for 20 of the 83 cases, one each were diagnosed with severe acute respiratory illness (SARI) and from pre-surgery sample collected before delivery, two had history of inter-district travel, three each were cases of random, pre-surgery samples and source of infection being traced.

A 65-year-old male from Moodbidri who had co-morbid conditions including diabetes, pneumonia and heart ailment succumbed to the pandemic during the day. He was admitted for treatment at a private hospital on July 3. With this, the death toll due to coronavirus in DK district rose to 26 and two of them are due to non-Covid reasons including a case each of suicide and a person succumbing to liver cirrhosis and they tested positive post death.

G Jagadeesha, deputy commissioner, Udupi district said the 28 new cases took the total positive cases in Udupi to 1390. With 1182 patients discharged and three deaths, Udupi as on date has 205 active cases. Those who tested positive include KSRTC driver who travelled to Bengaluru, vegetable vendor at Adi Udupi market and people with travel history to Tumakuru, Bengaluru, Mumbai, Dubai and two even from DK and rest primary contacts, DC said.

Health authorities in DK district also discharged 99 patients during the day to keep their active cases tally at 650. The two districts combined have 855 active cases as on date. As per revised protocol issued by the department of health and family welfare, the district administration also permitted 28 patients with mild symptoms to undergo home isolation while the rest are being treated either at private hospitals or at the designated Covid19 hospital for DK.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.