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
July 20,2020

New Delhi, July 20: India's retail trade has suffered a business loss of about Rs 15.5 lakh crore in past 100 days due to the COVID-19 lockdown, traders' body CAIT said on Sunday. 

In a statement, the Confederation of All India Traders (CAIT) said traders across the country are depressed because of minimal of the consumers, considerable absence of employees, facing financial crunch and yet have to meet several financial obligations.

"No support policy from the central or state governments is yet another crucial factor which is haunting the traders," CAIT claimed. 

CAIT Secretary General Praveen Khandelwal said the domestic trade is passing through its worst period in the current century which reflects that if immediate steps are not taken about 20 per cent of the shops in India will have to close down their shutters.

The traders’ body has also urged the government to award a substantial package to traders to ensure their survival. Their demands include: Relaxation in payment of taxes, extension in repayment of bank loans and EMIs without any further interest or penalty as well as measures that would provide money directly in the hands of the traders.

In April, the losses stood at about Rs. 5 lakh crore whereas in May it was estimated to be about Rs. 4.5 lakh crore, followed by Rs. 4 lakh crore in June. Losses stood at about 2.5 lakh crore in the first fortnight of July offering a grim snapshot of the effect of the pandemic on consumer spending. 

“Even as the lockdown was relaxed, store footfall was only 10 per cent. Most of these traders do not have deep pockets to sustain this severe economic catastrophe and on the other hand have several financial obligations to meet. At this crucial time, handholding of these traders is all the more much required,” Khandelwal said.

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News Network
May 12,2020

Thiruvananthapuram, May 12: Kerala Government on Tuesday issued modified guidelines for infrastructure arrangements and procedures to be followed to ensure smooth interstate movement of stranded persons during the lockdown.

"Necessary permission, if any, required from the State where you are presently located need to be taken for ensuring a smooth journey till Kerala border," read the order by the state government.

It has also made it clear that people will only be allowed to travel if they have the permit from the state government and local authorities.

"You are requested to start the journey only after receiving the travel permit from the Government of Kerala and the local authority of your present location to avoid any problem during travel. Those who reach at the check post without passes will not be allowed entry," it further read.

The orders by the government further read:

*To maintain social distancing norms, only 4 persons will be permitted to travel in a car, 5 in an SUV, 10 in a van and 25 in a bus. The maximum number of passengers in a van /bus will be half of the seating capacity).

*Keep sanitiser, use masks and maintain physical distancing throughout the journey.

*An exit and entry pass/passes shall be issued by the District Collectors to those persons who seek to go outside states to bring back their stranded child/ children, spouse and parent/s.

*Everybody including those coming from red zones shall remain under home quarantine for 14 days from the date of arrival.

*Only priority groups and persons will be allowed entry passes:

a) Those from neighbouring states seeking Medical aid in Kerala

b) Pregnant ladies with family

c) Family members including children separated due to lockdown

d) Students

e) Senior citizens with family members

f) Persons who had lost a job.

The guidelines further added that all luggage must be disinfected and temperature checks must be carried out with Infrared flash thermometer among other things.

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News Network
May 15,2020

Mysuru, May 15: The Temple Town of Nanjangud was till now treated as one unit or a Cluster Containment Zone and was put under complete lock-down as per the containment protocol listed under COVID-19 regulations and Disaster Management Act, 2005.

However on Friday, some of the restrictions have been lifted by Mysuru Deputy Commissioner Abhiram G Sankar who permitted certain activities as no fresh positive cases were reported from the cluster area. The Cluster Containment Zone was declared on March 29 following one employee of Nanjangud-based Jubilant Generics tested positive for the killer Coronavirus. As there were chances of the positive person spreading the disease to other employees of the factory, the cluster rules were enforced. Moreover, there were over 1,000 employees in the Pharma Company and a majority of them lived in and around Nanjangud.

The declaration of Cluster Containment Zone with complete lock-down and quarantining of all the Pharma Company employees proved a success to the District Administration as whoever tested positive – over 73 were later tested positive — had already been quarantined and the dangerous community spread phase was successfully prevented. To a major extent, the Corona virus curve has been flattened. As such, restrictions have been relaxed a bit on Friday.

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