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
March 2,2020

Mar 2: Two more positive cases of the novel coronavirus -- one in Delhi and another in Telangana -were reported, the Union Health Ministry said on Monday.

The person from Delhi had travelled to Italy, it said adding he is being diagnosed at RML hospital.

The other person with the coronavirus infection has a travel history to Dubai, the ministry added.

"Both the patients are stable and being closely monitored," the ministry said.

Sunitha Krishnan is the name of the patient from Telangana and she is a social activist.

Krishnan has tweeted, "So going to enjoy hospitality at Gandhi Hospital for two days as admitted in the isolation ward suspected coronavirus. They have not started the tests yet( 1.30 hrs since I arrived).I believe the results make take 48hrs. At this pace, I have a feeling I am might be here sometime."

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coastaldigest.com news network
June 30,2020

Mangaluru/Kasaragod, Jun 30: In what appears to be an ego clash between the officers of Karnataka and Kerala, around 150 Mangalureans including 12 pregnant women were evicted from the lodges in Kasaragod in the middle of the night and sent to Mangaluru.

Expressing shock over the incident, Mangaluru MLA U T Khader hit out at the authorities concerned for the lack of concern towards the stranded passengers. “If IAS officers don’t have humanity, what is the use of the IAS tag. Officers in the two states should learn to speak to one another and solve people’s problems,” he said apparently addressing DCs of Kasaragod and Dakshina Kannada. 

The 150 passengers had arrived on Saturday from Dubai in a chartered flight arranged by the Karnataka Cultural Foundation. The flight landed in Kannur after it was denied permission to land in Mangaluru.

But Karnataka’s nodal officer for stranded persons outside India C N Meena Nagaraj, an IAS officer, called up Kerala officials and questioned why the flight was allowed to land in Kannur, Khader said. She reportedly told Kerala officials that the passengers should be quarantined in the cities of arrival and that Karnataka would not take them in.

In the meantime, the Karnataka Cultural Foundation arranged seven buses to take the passengers to Mangaluru. By the time it was conveyed to them that they would not be allowed to enter Mangaluru, the buses had reached Kasaragod district. The representatives of the organisation made frantic calls to several political leaders. Congress leader and district panchayat standing committee chairperson Harshad Vorkady said he got a call for help around 10pm on Saturday. He spoke to owners of three lodges to accommodate them. The lodges were used by the district administration as quarantine centres. 

The lodge owners said they would take the passengers in only if the Kasaragod tahsildar gave permission. “So I called up the tahsildar. He only wanted to know who will pay for the lodging and food. When I told him that the passengers will pay, he gave permission. By midnight, all the passengers were put up in the three lodges,” he said. The police were also at the spot, he said.

According to the Covid protocol, those arriving from abroad should be in institutional quarantine for seven days and in room quarantine for another seven days. But by 4pm on Sunday, the police returned to the lodges and asked the passengers to vacate. They said it was the order of the collector. They produced the order to the lodge owners. The office-bearers of the Karnataka Cultural Foundation said they sought time from the Kasaragod police to arrange rooms in Mangaluru. But Kasaragod police denied it. 

On Sunday, there were Covid deaths in Mangaluru and the Mangaluru deputy commissioner was tied up as residents were objecting to the funeral of one of the victims. “By night, the police started threatening the lodge owners. The members of the Foundation said they would shift the passengers by Monday morning. But the collector would not listen,” said Harshad.

Around 11pm, the Kasaragod district administration brought in four KSRTC buses and sent all the 150 passengers to Mangaluru, he said. By 1am the buses crossed the Thalapdy border and Khader took over from there. But the MLA was livid with how officials treated the people. Collector Sajith Babu in a statement said his enquiry found that the tahsildar did not give permission to accommodate the passengers in Kasaragod lodges.

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News Network
April 11,2020

Tumkur, Apr 11: Despite the nationwide lockdown, BJP MLA from Turuvekere constituency, M Jayaram, was on Friday seen celebrating his birthday with several villagers in Gubbi taluk in Tumkur.

A sizable number of people were seen gathering in Gubbi taluk to celebrate the BJP legislator's birthday.

Meanwhile, scores of people around the country are getting booked for violating the lockdown. In Uttarakhand alone, more than 4500 people have been arrested until Friday for violating the norms of lockdown.

Last month, Prime Minister Narendra Modi had called for a three-week lockdown, urging people to practice social distancing to prevent the spread of coronavirus.

The total number of COVID-19 cases in the country has mounted to 6,761 of which 6039 are active cases, 516 have been cured/discharged/migrated, and 206 deaths have been reported.

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