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
February 25,2020

Feb 25: Two Customs Preventive officers allegedly involved in gold smuggling cases in Kerala were removed from service, a top official said in Kochi on Monday.

Sumit Kumar, Commissioner of Customs (Preventive), Kochi, said that he took action against Radhakrishnan B, Superintendent of Customs, and Rahul, Inspector of Customs, who were allegedly involved in gold smuggling cases in the state.

Radhakrishnan was involved in attempted smuggling of gold weighing 24998.61 grams having a market value of over Rs 8 crore through Thiruvananthapuram international airport on May 13, 2019, Kumar said.

Rahul was involved in attempted smuggling of gold weighing 11,035.54 grams valued at over Rs 4 crore through international airport on August 19, 2019, the Customs Commissioner added.

Radhakrishnan is currently lodged in Central prison, Thiruvananthapuram after the Central Economic Intelligence Bureau under the Union Finance Ministry issued detention order under COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974).

Rahul, against whom detention order under COFEPOSA was issued, is absconding.

"Two Customs officers of the Customs Preventive Commissionerate, Kochi, who were involved in gold smuggling cases were removed from service by Sumit Kumar, Commissioner of Customs (Preventive), Cochin," an official release said.

Kumar said that both the cases were booked and investigated by the Directorate of Revenue Intelligence and while show cause notice under Customs Act 1962 has been issued against Radhakrishnan, investigation is under progress in the other case.

"Both the officers were removed from service, after due process of law under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965," the release said.

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News Network
February 15,2020

Bengaluru, Feb 15: The Karnataka Legislative Assembly has decided to set aside two days - March 2 and 3 - for a special discussion over the controversial Citizenship (Amendment) Act continues across the country.

Assembly Speaker Vishweshwara Hegde Kageri told media persons here today that the Assembly would act as a platform for legislators to speak about the relevance of the Constitution and its contributions for the last seven decades. He had already held a round of discussions with senior legislators and all have expressed their willingness to participate in the debate. More details of the discussion would be worked out in the next few days after a meeting of the Business Advisory Committee of the House on February 18.

Asked whether it would be possible to have discussions rising above partisan politics in the present scenario, Mr. Kageri said “I have appealed to members to discuss the Constitution beyond the political prism.” Each member would be asked to speak on a specific topic of the Constitution.

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News Network
March 27,2020

Mysuru, Mar 27: A 35-year old man from Mysuru, Karnataka was tested positive for coronavirus infection on Thursday, taking the state-wide count to 52 altogether.

This new case could be an indication that Covid-19 has entered into the third stage of community transmission in Karnataka, as the infected person neither has any travel history nor have been in contact with Covid-affected persons.

The patient works in the quality assurance section of a pharmaceutical company in Nanjangud in Mysuru district, and has been in continuous contact with medical care professionals.

Mysuru DC Mr Abhiram G Shankar informs that detailed investigation is under process.

He is currently undergoing treatment at an isolation ward in a designated hospital in Mysuru. So far his seven primary contacts have been traced and they are under home quarantine, Mr Abhiram Shankar said.

A 35 year old Mysurean, and another 46 year old Keralite, both who had come from Dubai, were the first and second cases tested positive for Covid-19 in Mysuru. They are also currently kept under isolation.

Mysuru district administration has identified 898 international passengers in Mysuru district including 152 in the taluks. Among them, while 149 persons have completed home quarantine period by now, the rest are still in isolation.

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