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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Agencies
April 14,2020

Mumbai, Apr 14: Hours after Prime Minister Narendra Modi announed extension of the coronavirus-enforced lockdown till May 3, a large number of migrant workers who earn daily wages came out on road in Mumbai on Tuesday demanding transport arrangements to go back to their native places.

Bandra in Mumbai right now. Police probing what caused such a large crowd to gather. pic.twitter.com/04H1Mnggd2

— Padmaja joshi (@PadmajaJoshi) April 14, 2020

Daily wage workers have been rendered jobless ever since the lockdown was announced late last month to stem the spread of COVID-19, making their life a constant struggle.

Though authorities and NGOs have made arrangemnets for their food, most of them want to go back to their native places to escape the hardship brought by the sweeping curbs.

Wow. Thousands of ambassadors of peace doing this at #Bandra right now. Well done @OfficeofUT, well done. The world should see this.#Covid_19 #COVIDIOTSpic.twitter.com/SdinaZXm39

— Abhijit Majumder (@abhijitmajumder) April 14, 2020

According to a police official, daily wage earners, numbering around 1,000, assembled at suburban Bandra (West) bus depot near the railway station and squatted on road at around 3 pm.

The daily wage earners, who reside on rent in slums in in the nearby Patel Nagri locality, were demanding arrangement of transport facilities so that they can go back to their native towns and villages.

They originally hail from states like West Bengal and Uttar Pradesh.

Thousands of migrants gather at Mumbai's #Bandra railway station and protested. All are migrant workers, specially from Bihar-Bangal and they wanted to go home. They had hoped trains will start today. The police is investigating the matter and says crowd has been dispersed now. pic.twitter.com/NMHfv0CEpj

— Shivangi Thakur (@thakur_shivangi) April 14, 2020

One of the labourers, who did not reveal his name, said, NGOs and local residents are providing food to migrant workers, but they want to go back to their native states during the lockdown which has badly affected their source of livelihood.

"Now, we dont want food, we want to go back to our native place, we are not happy with the announcement (extending the lockdown)," he said, looking dejected.

Asadullah Sheikh, who hails from from Malda in West Bengal, said, We have already spent our savings during the first phase of the lockdown. We have nothing to eat now, we just want to go back at our native place, the government should made arrangements for us.

This happened in bandra just minutes back ! This can be potentially dangerous. Mumbai anyways is a hotspot ! What is the @MumbaiPolice and @OfficeofUT doing ???? Did @uddhavthackeray not provide food and shelter to such migrants ? #mumbai #UddhavThackeray #Lockdown2 pic.twitter.com/AeSuqbwhyN

— Megha Prasad (@MeghaSPrasad) April 14, 2020

Another labourer, Abdul Kayyun, said I am in Mumbai for last many years but have never seen such a situation. The government should start trains to shift us from here to our native place."

Heavy police deployment was made at the protest site to tackle any untoward incident.

Personnel from other police stations were called at the spot to maintain order, the official addd.

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News Network
May 30,2020

May 30: A Delhi court on Saturday granted interim bail for 10 days to former municipal councillor from the Congress Ishrat Jahan, who has been booked under the stringent Unlawful Activities (Prevention) Act, to get married.

She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February.

Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.

The court directed her not to tamper with any evidence or influence the witnesses in the case.

According to the interim bail plea, filed through advocates S K Sharma and Lalit Valeecha, Jahan's marriage was fixed in 2018 for June 12, 2020.

The plea further said that Jahan would not tamper with any evidence or influence the witnesses if granted bail.

The petition, also filed through advocates Tushar Anand and Manu Prabhakar, claimed that Jahan has been falsely implicated in the case.

It alleged that upon bare perusal of the contents of the FIR, no incident of violence can be attributed to her and the wild and baseless allegations made against her were not only irresponsible and false, but also caused serious harm to her reputation.

Jahan, who is also an advocate, was only a supporter of ongoing peaceful protests and it was one of the fundamental rights of the citizens to protest and register their dissent against any unreasonable measure of the government, the plea said.

Besides Jahan, Jamia Millia Islamia University students Asif Iqbal Tanha, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, president of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP councillor Tahir Hussain, activist Khalid Safi, JNU student Natasha Narwal and former student leader Umar Khalid have also been booked under the anti-terror law in the case.

The police had claimed in the FIR that Khalid and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.

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News Network
January 4,2020

Thiruvananthapuram, Dec 4: Depressed over the communal and racist policies of union government, a 67-year-old retired school headmaster committed suicide allegedly after losing matriculation certificates and documents related to his father.

The victim was identified as Mohammed Ali a resident of Narikunni in Kozhikode district in north Kerala.

On finding Ali missing from home on Friday morning, his family members conducted a search in the nearby areas. His body was later found in a well located in one of his relative’s compound nearby.

A suicide note recovered, suspected to have been written by the victim read, “I have lost all my important certificates. Matriculation certificates of me and my wife. Old documents of my father are also missing. I think all these documents were given away along with the waste recently. None should be held responsible for my foolish act. You may get into trouble.”

According to relatives, Ali was under severe stress after regularly watching programmes related to CAA. He was also actively involved in anti CAA campaign.

“He was worried about the documents and had serious apprehensions about future,” said his younger brother Abdul Nasser.

“After attending an anti CAA meeting in Kozhikode he had shared his apprehensions. He used to frequently discuss the topic with others ,” recollected Jaffer a local resident.

Ali also had health complications. Meanwhile, the local police said that preliminary investigations suggested that the man could have taken the extreme step after losing documents. However, the reason behind the suicide could be said conclusively after detailed probe.

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