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 24,2020

Wayanad/Thiruvananthapuram, Apr 24: Amid the strict lockdown, a school teacher travelled from Thiruvananthapuram to Muthanga in Wayanad -- a distance of about 465 km -- on her way to neighbouring Karnataka en route to Delhi following which cases have been registered against her and an excise official.

The woman, Kamna Sharma, said to be working in Kendriya Vidyalaya, Pattom, undertook the journey on April 21 along with her two year-old daughter, police sources told news agency PTI.

An Excise Circle Inspector, Shahjahan, had provided his vehicle to travel allegedly on the instructions of Malappuram excise officer, in whose private vehicle, the woman and the child had reached Wayanad border from Thiruvananthapuram, the sources said.

The two were charged under the Kerala Epidemic Act and various sections of the IPC including sect 269 (negligent act likely to spread infection) and 271 (disobedience to quarantine rule).

Because of the lockdown even inter-district travel is not allowed by police and district administration, unless there is an extremely genuine reason.

A senior police official in Thiruvananthapuram said he does not remember issuing any such pass.

The woman may have "misused" government machinery as private vehicles would have been stopped somewhere during the long journey, he said.

She came to Kalpetta in Wayanad allegedly in an official car of the excise department.

Wayanad District police chief R Elango said that an FIR has been filed based on preliminary information and investigations have begun.

"We will check if she has followed procedures in obtaining a pass and if she made any false claim to get the pass."

As per preliminary information the woman came in an excise official's car from Thamarassery (Kozhikode) to Muthunga(Wayanad), he said. Her mode of transport before that--from Thiruvananthapuram to Wayanad--will also be investigated, he said, adding they have no information if she has reached Delhi.

"We will track down her movement," he said Meanwhile, theWayanad district administration has intensified the lockdown protocol from Thursday to prevent people's movement within and from outside the district/state.

Interception at all the check posts on district an state borders of the district, bordering Tamil Nadu and Karnataka, will also be intensified. No one would be allowed to travel frequently to and fro the district under the pretext of official duty.

Wayanad collector Adhila Abdulla said officials from outside the district will no longer be allowed to commute daily.

"Elderly people above the age of 65 should confine to their homes unless it is extremely urgent or unavoidable. Cases will be registered against family members who allow elderly people to go out for buying medicines and other essentials," she said.

Senior citizens, who live alone, can call either the Fire (101) or Police (100) departments for any help and to get things they need, the collector said.

Whatever relaxations were in place have also been withdrawn with effect from Thursday, she added.

Wayanad and Thiruvananthapuram come under the "Orange B" zone where there are some relaxations.

However, Thiruvananthapuram city limits falls under the hotspot area.

Police said a case was also registered against a doctor and her husband who entered Kerala from Tamil Nadu border.

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News Network
January 5,2020

Mangaluru, Jan 5: Against the backdrop of Mangalore violence of December 19, Additional Director General of Police of Karnataka Amar Kumar Pandey visited the city and held a meeting with senior police officers.

According to senior police officials here on Sunday, Dakshina Kannada and Udupi District Muslim Central Committee had planned to hold a protest against CAA at Nehru Maidan while the SKSSF had called for anti-CAA protest at State Bank area.

Though both the protests had been called off, there was an apprehension of a repeat incident of December 19 violence and hence the ADGP visited the city at the behest of state government and monitored the situation here for the entire day on Saturday.

The ADGP was unhappy that despite initial inputs and the imposition of Section 144 in the city, the situation on that day escalated to a level where police had to resort to firing only in this city.

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News Network
March 19,2020

New Delhi, Mar 19: The total number of reported novel coronavirus cases in India has climbed to 169, with 30 fresh cases reported from various parts of the country on Wednesday.

The total cases in India include 25 foreign nationals and the three persons who died in Delhi, Karnataka and Maharashtra.

As coronavirus cases continue to rise in India, over 5,700 people, who had come in contact with positive cases, continue to be under rigorous surveillance, the government has said.

Maharashtra has 43 cases, including 3 foreigners, while Kerala has recorded 27 cases which include two foreign nationals. A 28-year-old woman from Pune with a travel history to France and the Netherlands tested positive for Covid-19, a senior official said on Wednesday.

A 68-year-old woman has tested positive for coronavirus in Mumbai. She was in close contact with a Covid-19 patient, who was diagnosed yesterday.

In Rajasthan, three more have tested positive for Covid-19. The new cases have come from Jhunjhunu district. Their samples have been sent to SMS Medical college.

In Maharashtra, a 21-year-old man in Pimpri Chinchwad with travel history to the Philippines, Singapore and Colombo has tested positive for coronavirus. One more person in Ratnagiri has tested positive for Covid-19.

Telangana has reported seven more confirmed coronavirus cases. All the seven are Indonesian national.

Delhi has so far reported 10 positive cases which include one foreigner while Uttar Pradesh has recorded 16 cases, including one foreigner. A man from Noida tested positive on Wednesday, taking the total number to four in Noida.

Karnataka reported two fresh cases on Wednesday, taking the number of infections to 13. The number of cases in Ladakh rose to eight and Jammu and Kashmir three. Telangana has reported six cases which include two foreigners.

One more person has tested positive for coronavirus in Kashmir. The person, with foreign travel history, has been put under isolation. He had arrived in J&K on March 16.

There will be restrictions on public transport, assembly of people and some other measures, in #Srinagar from tomorrow.

Rajasthan has also reported four cases including that of two foreigners. Tamil Nadu, Andhra Pradesh, Odisha, Uttarakhand and Punjab have reported one case each.

Tamil Nadu Health Minister C Vijayabaskar has confined the state's second positive case of coronavirus in the state.

The health minister has stated that the condition of the patient is stable and is in observation.

In Haryana, there are 16 cases, which include fourteen foreigners.

According to the Union ministry's data, 14 people have been discharged so far, including the three patients from Kerala.

Three persons infected with the virus have died so far, the latest casualty being a 64-year-old man from Mumbai with a travel history to Dubai who succumbed on Tuesday.

While a 76-year-old man from Kalaburagi who returned from Saudi Arabia died last Tuesday, a 68-year-old woman in Delhi who had tested positive for coronavirus passed away on Friday night.

The government on Tuesday banned the entry of passengers from Afghanistan, Philippines and Malaysia to India with immediate effect, according to an additional travel advisory.

With coronavirus cases swelling in the country, the government has also banned the entry of passengers from the European Union countries, Turkey and the UK from March 18 till March 31.

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