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
April 19,2020

Bengaluru, Apr 19: A recent government order prohibiting congregations, Ramadan prayers is discriminatory and needs to be withdrawn, JD(S) MLC B M Farookh has demanded.

In a letter to the chief secretary, Farookh pointed out that the order contained certain conditions such as restriction of the use of public address system and delivering Azan in low decibels, which had nothing to do with the prevention of Covid-19 disease.

“These days, Azan includes a call for the community to pray at home and does not offer namaz at mosque. The order also prohibits preparation and distribution of porridge, which has always been taken up in the interest of the poor. The High Court has noted that the relief distribution by NGOs or individuals should not be prevented and the state machinery has to coordinate the same by ensuring social distancing. The ban on distribution of porridge by mosques amounts to discrimination. The order needs to be withdrawn or revisited,” he wrote in his letter.

Further, observing that a religious fair was conducted in Kalaburagi recently, in violation of the government’s social distancing norms, Farookh sought the government to ensure that social distancing norms are enforced with regard to festivals of all communities without discrimination.

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News Network
July 4,2020

Bengaluru, Jul 4: Amid the rising COVID-19 cases in the state, the Karnataka COVID-19 Task Force has decided to set up booth-level committees across the state including 8,800 here for effective monitoring and surveillance.

The task force also released detailed guidelines for home isolation for asymptomatic cases including 17 days ''home isolation'' for patients below 50 years of age. It also warned of legal action against those health workers for disrespect to the bodies.

Briefing reporters after the meeting on Friday, Medical Education Minister Dr K Sudhakar said the local management will be strengthened for effective monitoring and surveillance of COVID-19 cases. "There will be booth-level task force committees throughout the state right from the village to Bengaluru.

These task force committees will act at the ultra local level. The task force will act as a structural and functional unit of COVID-19 dealing with monitoring, surveillance, checking of all the ILI cases, ambulances and hospitals," he added.

He also said the committees will comprise one member each from the Health department, police department, municipalities or Panchayat, volunteers, valveman. The committee will have five to six members.

The principal secretary in the Village Development and Panchayat Raj department L K Ateeq has been appointed as the nodal officer to manage the task force in the rural areas whereas in the urban areas, the Urban Development secretary, the municipal administration directors and the municipal commissioner will form the local task force.

"In Bengaluru alone 8,800 teams will be formed, which will be coterminous with the 8,800 booths in the city. They will provide the real-time data. They will be imparted training," the minister added. Noting that there were about 8,800 electoral booths in Bengaluru city and each booth will have a task force committee, he said a nodal officer has been appointed to oversee this.

The state level task force also came out with a slew of conditions. As far as home isolation is concerned, it would apply for patients who are below 50 years and have no symptoms of any other disease, and their homes should have a toilet and have an attendant.

He also said home isolation duration has been increased from 14 to 17 days. "People should not get fever in the next three days after completing 14 days, else they will be quarantined for another seven days. If they don''t get fever then they will be freed to perform their personal activities," Sudhakar said.

Those who are above 50 years and have comorbidities, will be treated at the COVID care centres only and they will be under medical supervision and be subjected to regular tests. The state is also making arrangements for telecommunication for those who are asymptomatic but wish to speak to a doctor.

It was also decided to have at least two ambulances in each of the 198 wards of Bengaluru. The minister said the additional commissioner of police (traffic) will be the nodal officer to coordinate the movement of ambulances. The task force has also appointed a nodal officer to manage the hospitals based on the availability of beds and ventilators. The officer will provide real time information about beds.

"We want to make sure that no one has to run from one hospital to another," Sudhakar said. On the cremation of the bodies, Sudhakar said guidelines have been issued on how to handle bodies at mortuaries, taking them in the ambulances, human treatment to the deceased while performing the last rites and fumigation of the bed. "Legal action will be taken against those who treat bodies in an inhuman way," Sudhakar said.

The state-level task force has also decided to arrange for test reports within 24 hours. It has also been decided to increase the testing capacity from the existing 15,000 a day to 25,000. In view of the spurt in COVID-19 cases, the task force also recommended antigen tests in crowded areas to check whether there was community spread.

To a question on closing down the border, the minister said there is no question of lockdown. "We cannot hide from this disease. It is not a solution. We have to live with it now, yet maintain a distance from it," he added. Sudhakar, who is a doctor himself, said COVID-19 is not as deadly a virus as those he had seen in the past and asked people not to be scared of it.

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Agencies
May 30,2020

New Delhi, May 30: The Congress on Friday described the first year of the Modi government as a "year of disappointment, disastrous management and diabolical pain".

Congress leader K C Venugopal said the six years of the Modi dispensation have seen fraying of bonds of empathy, fraternity and brotherhood with increase in acts of communal and sectarian violence.

Congress chief spokesperson Randeep Surjewala said that at the end of six years, it appears the Modi government is at war with its people and is inflicting wounds on them, instead of healing them.

"It is inflicting wounds on Mother India," he said.

"This government is trying to fill coffers of the select rich and is inflicting pain on the poor," Surjewala said.

On the BJP's charge of the Congress playing politics over the COVID-19 crisis, Venugopal said the opposition party did not indulge in any politics and gave suggestions instead.

"Being a responsible opposition, it is our duty to raise the problems faced by the common people. As opposition, we highlighted the failures of the government," he said.

Venugopal said the government "is totally insensitive" to the plight of migrant labourers and farmers.

Surjewala also demanded that a virtual session of Parliament be convened immediately to discuss pressing issues and the due process be set in motion for holding of meetings of various parliamentary committees.

Modi and his cabinet had taken oath on this day last year for a second term in office.

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