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

Shimla, Apr 19: A man, who had recovered from the novel coronavirus, was again found suffering from the infection in Himachal Pradesh, officials said.

The man, a Tablighi Jamaat member, tested positive for the infection on Saturday within a week of his two reports coming out negative, they said.

Residents of different places in Mandi district, the man along with two other Jamaatis had been staying in a mosque of Nakroh village in Una'a Amb tehsil and all tested positive on April 2.

They were admitted to Tanda's Dr. Rajendra Prasad Government Medical College (RPGMC) in Kangra district on April 3.

As per the available information, they had tested negative for the first time on April 10 and they were declared as cured as per protocol after they tested negative for the second time on April 12.

Subsequently they had been discharged from the RPGMC and were kept in institutional quarantine.

However, with the man again testing positive, the total number of active cases in the hill state has increased to 23 out of the total 40 positive cases.

Four persons have been shifted to a private hospital outside the state. Eleven have recovered while two others have died.

A total of 16 confirmed cases were found in Una and health department statistics now shows 14 active cases and two cured.

Officials said 11 patients — three each from Chamba, Kangra, and Solan districts and two from Una district — have recovered.

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News Network
May 12,2020

New Delhi, May 12: A total of 12 special evacuation flights from across the globe will bring home stranded Indians on the sixth day of 'Vande Bharat Mission' on Tuesday.

The special flights include Air India flight from Manila to Ahmedabad, London to Hyderabad, Newark-Mumbai-Ahmedabad, AI flight from Singapore to Delhi, AI flight from Dhaka to Srinagar, Dammam to Kochi, Kuala Lumpur to Mumbai, Manila to Delhi, Muscat to Chennai, Dubai to Kannur, Dubai to Mangalore and Singapore-Bengaluru-Kochi.

Amidst the coronavirus pandemic, India is conducting 'Vande Bharat' Mission -- its biggest ever repatriation exercise since independence -- to bring back stranded Indians from abroad, including from the US, the UAE and the UK.

On the fifth day of Vande Bharat Mission, as many as 1,667 Indian nationals were repatriated from different countries in eight special flights.

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News Network
July 2,2020

A 7-year-old Dalit girl who had gone missing from outside her residence in Tamil Nadu’s Pudukkottai district on June 30 was found dead last evening. 

Police sources said that the body with severe injures was found in a forest area bordering her village. The young girl had been sexually assaulted before the murder, according to police.

Victim’s neighbour, Raja, 25, who belongs to the Pandaram caste, has been arrested in connection with the incident.

While they have included murder charges in the First Information Report (FIR) against him, they are awaiting the post-mortem report to add sections of the Protection of Children against Sexual Offence Act (POCSO act) in the FIR.

"The girl was playing outside her home at 4pm. Her parents then found her missing and her father filed a complaint at the station at around 7pm. Efforts were then underway to find the girl," said an investigating official.

They found the minor's body in the forest area near her village on the evening of July 1. Her clothes were in a state of disarray and her face was severely injured.

"She has been beaten with sticks on the face and injuries are clearly visible. The post-mortem will reveal the actual cause of death," says an official from the district.

Police sources further add that the neighbour had found the minor roaming around the area on Wednesday and allegedly took advantage of the fact that she was alone.

"During inquiry he admitted that he had sexually assaulted and murdered the girl," says a police official from the district. "Further investigation is underway and we will have more clarity once we get the post mortem report," he adds.

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