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 14,2020

Thiruvananthapuram, Apr 14: The Kerala government on Monday requested Prime Minister Narendra Modi to arrange special flights to the Gulf to bring back non resident Keralites stranded there due to the lockdown.

In a letter to Modi, Chief Minister Pinarayi Vijayan said many Keralites who had gone on visit visas and in search of employment were finding it difficult to continue there without jobs.

"While we appreciate the constraints faced in allowing international travel as the threat of COVID-19 has not yet receded, it is requested that special consideration to their needs be given and at an earliest opportune time, the Government of India consider arranging special flights to bring these people back," Vijayan said in the letter.

All International health protocols can be followed while extending this facility, he said and assured that testing and quarantine needs of Keralites who are returning would be undertaken by the state government. During the video conferencing the Prime Minister had with Chief Ministers on April 11, this matter had been broght to Modi's notice, Vijayan said.

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News Network
January 1,2020

Bengaluru, Jan 1: Former Karnataka Chief Minister and Leader of the Opposition Siddaramaiah on Wednesday slammed the Centre on the issue of fare hike announcement by Indian Railways.

"Increase in Train fares is a New Year gift by Narendra Modi government to common people," Siddaramaiah tweeted.

"This will further dent the developmental prospects as Railways form a backbone of Transportation. Instead, the govt should have gifted us the values of our Constitution by upholding it," he added.

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News Network
April 11,2020

Dubai, Apr 11: An Indian expat in the UAE is facing police action for allegedly insulting Islam on social media in response to a Facebook post on the coronavirus, according to a media report.

Rakesh B Kitturmath, who worked as a team leader at Emrill Services, an integrated facilities management (FM) headquartered in Dubai, was sacked on Thursday after his post sparked outrage on social media, the Gulf News reported.

“Kitturmath’s employment stands terminated with immediate effect. He will be handed over to Dubai Police. We have a zero-tolerance policy towards such hate crimes,” said Stuart Harrison, CEO of Emrill Services.

"As an organisation, we have worked hard over the years to embrace diversity and create a culture of inclusion, where every nationality, religion and background is welcomed and celebrated. We have a strict social media policy for our employees to ensure they respect our values, both inside and outside of work," the newspaper quoted Harrison as saying.

Harrison said they are trying to find out if Kitturmath was still in the UAE, according to the report.

“We have over 8,500 employees so this may take a while. That said, we have fired him. If he’s still in the country, he will be handed over to Dubai Police,” he said.

For latest updates on coronavirus outbreak, click  here

Originally from Ranebennuri, Karnataka, Kitturmath joins an ever-growing list of Indian ex-pats who have landed in trouble for alleged Islamophobic messages in recent days.

Earlier this week, Abu Dhabi resident Mitesh Udeshi was sacked for posting a cartoon mocking Islam on his Facebook page while a police complaint was filed against Sameer Bhandari of Future Vision Events & Weddings’ in Dubai after he asked a Muslim job seeker from India to go back to Pakistan.

The UAE outlaws all religious or racial discrimination under a legislation passed in 2015.

The anti-discrimination/anti-hatred law prohibits all acts “that stoke religious hatred and/or which insult religion through any form of expression, be it speech or the written word, books, pamphlets or via online media.”

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