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
June 23,2020

Bengaluru, Jun 23: Former Karnataka Chief Minister HD Kumaraswamy on Tuesday demanded that Bengaluru should be put under lockdown for 20 days to contain the spread of coronavirus, the cases of which have risen sharply recently.

 “Stop playing with people's lives. There’s no use in sealing off only some areas. If the people of Bengaluru must live, then a lockdown of at least 20 days is needed. Otherwise, Bengaluru will become another Brazil,” Kumaraswamy said in a tweet. “People’s health is more important, not economy.”

The JD(S) leader was reacting to the BJP government's decision to impose an area-wide lockdown in Chickpet, KR Market, Kalasipalyam and Chamarajpet while streets will be sealed off in VV Puram, Siddapura, Yelahanka, Vidyaranyapura and Chickpet.

Bengaluru has witnessed a huge spike in its Covid-19 tally; the city currently has at least 919 active cases. This has sparked off fears that the contagion might have reached the community.

Kumaraswamy has also demanded welfare measures for the poor. “The poor and the labourers should be given ration immediately. The state’s 50 lakh working class should get ₹5,000 each. The aid already announced by the government hasn’t reached drivers, weavers, Madiwalas and other communities,” he said, adding that mere announcements of a package won’t be enough and “it has to be implemented.”

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News Network
January 2,2020

Bengaluru, Jan 2: The Congress leadership in Delhi is expected to start the process of selecting a new party chief for Karnataka next week. There are strong indications the race has narrowed to DK Shivakumar and MB Patil.

Party insiders said the leadership almost finalised Shivakumar’s name as the president of Karnataka Pradesh Congress Committee (KPCC), but the decision was put on hold after requests by some senior members.

“It’s not that we are against Shivakumar. We think the party should have a Lingayat at the helm since community strongman and chief minister BS Yediyurappa is at the fag end of his long political career. There’s an opportunity here for a Congressman to occupy that space,” said a senior Congress politician, who didn’t want to be named.

That’s where the candidacy of Patil, a Lingayat, scores high.

The party, however, doesn’t want to compromise on quality and wants an efficient KPCC president who can unite two rival factions within the party, one led by Siddaramaiah and another by former union minister KH Muniyappa.

The need to pick a new state president arose after Dinesh Gundurao resigned from the post last month, taking moral responsibility for Congress’s poor showing in the byelections. Siddaramaiah also stood down as Congress party legislature leader.

The insiders said the new KPCC chief could be announced after January 16. The party might also appoint two working presidents and a new legislature party leader, who will automatically become the opposition’s voice in the assembly.

For the latter position, the name of senior Dalit politician and former deputy chief minister G Parameshwara is doing the rounds. But the party, the sources said, could still ask Siddaramaiah to reconsider his decision and stay on.

Many Congress members had raised questions over his stewardship after the bypoll disappointment. They said on his watch, the party had also fared badly in the assembly and Lok Sabha elections, demanding that he be held accountable.

Siddaramaiah is expected to visit Delhi next week to discuss the leadership issue with party boss Sonia Gandhi. Some other senior Congress members, including BK Hariprasad, are also likely to meet her.

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News Network
March 30,2020

Bengaluru, Mar 30: Karnataka Chief Minister BS Yediyurappa on Monday appealed to people to strictly follow the restrictions in the state, saying that the ending of 21-day nationwide lockdown imposed to contain COVID-19 depends on how the public adheres to the rules.

In a press statement, Yediyurappa appealed to the people to help the government to prevent the spread of coronavirus by strictly following the lockdown.

"People of Karnataka are known for tolerance and patience. They are law-abiding citizens. Now, the lockdown in wake of coronavirus is a testing time for them. It has come to test the patience of our people, especially the people of Karnataka. Prime Minister Narendra Modi himself has apologized and said that lockdown was an inevitable step taken by the government to protect people from the pandemic. We have to realise the predicament of a prime minister who always cares for the well being of the country and its people," the statement quoted Yediyurappa as saying.

"At this hour of crisis, it is not good on our part to come out of houses and violate the curfew. The ending of lockdown depends on strictness with which one follows the curfew and maintain social distancing. If one follows the curfew strictly, the lockdown period will automatically end on April 14. Whether to end the lockdown or not is in your hands," he said.

The Chief Minister urged not to test the patience of police, saying, "Already our police are under stress as they are working without any rest. Do not force them to use the force and later blame them for stern action."

He also appealed to follow the lockdown provisions and stay back in their home.
"The government has taken all measures to maintain the supply of essentials and food to the needy. Consider this situation as a blessing in disguise and spend your valuable time reading books which in turn will boost your knowledge and intellectual capacity. My earnest request to even the poor is spending your time by involving yourselves in creative activities inside your houses," Yediyurappa said.

"At the same time, it is time for us to respect the sacrificing work of the doctors, nurses, health staff and civic workers who are working round the clock to save the lives of hundreds of people affected by coronavirus. My appeal to you all strictly follows the curfew rules and maintains the social distance to combat COVID-19," he added.

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