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 19,2020

Bengaluru, Mar 19: Medical Education Minister Dr Sudhakar on Wednesday said that the government is increasing the number of labs for COVID-19.

"For the last two months, screening has been done at airports. Quarantine is also being done. The situation was reviewed by the state cabinet. All passengers from abroad will be home quarantined or they can stay at government facilities or budget hotels or resorts or private hospitals," Sudhakar said in the Assembly.

"We have issued many advisories. Until 31st March, pubs, and hotels, religious events, should not have an assembly of more than 100 persons. Two bulletins will be issued twice a day. All those who arrive from abroad will be stamped that they have arrived from abroad. Covid-19 is growing at a phenomenal pace. We need not panic but we need to be cautious," he said.

Sudhakar continued: "There are 54 labs in the country. Karnataka has five labs, the most among all states. We are increasing the number of labs. In our country, we have tested less than 10 per cent. In Karnataka, we should conduct test on more people."

The minister said the government will devise a way to be able to track down all those home quarantined through their mobile phones.

"Karnataka stands fourth after Maharashtra, Kerala and Uttar Pradesh. We are in the second stage. The next 2-3 weeks are detrimental. This is a pandemic situation. People have to also take responsibility. Social distancing is the real solution and key to eradicating this COVID-19. In the larger interest of the health of the state, we have to take drastic measures," he said.

"We are now in the 2nd stage. The next 3 weeks are very important. If we take care, the state can escape what's happening worldwide," he said.

Congress MLA UT Khader demanded action against those people who do not follow rules.

"Only shutting airports will not help. What about domestic passengers? Coronavirus must come under Ayushman Bharat. Keep isolated patients away from normal people in the ICU in government hospitals. Take action against those who do not follow the rules," he said.

Congress MLA Dr Yathindras said that screening is not enough and travelers need to be lab tested.

A total of 151 positive cases of coronavirus have been reported in India so far, the Union Ministry of Health and Family Welfare said on Wednesday.

Thirteen positive cases of COVID-19 have been reported in Karnataka till today.

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News Network
May 29,2020

New Delhi, May 29: With the highest spike of 7,466 more COVID-19 cases and 175 deaths reported in the past 24 hours, India's COVID-19 tally reached 1,65,799 on Friday, according to the Union Ministry of Health and Family Welfare.

The number of active coronavirus cases stands at 89,987 while 71,105 people have been cured or recovered and one patient has migrated, it said. The death toll due to the infection has reached 4,706 in the country.

Maharashtra is the worst affected state with 59,546 cases. Tamil Nadu has recorded as many as 19,372 cases while Gujarat and Delhi have recorded 15,562 and 16,281 coronavirus cases respectively.

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News Network
May 23,2020

Bengaluru, May 22: Police commissioner Bhaskar Rao on Friday said the next two Sundays will be ‘full curfew days’ and the city will be under complete lockdown between 7pm Saturday and 7am Monday.

Addressing the media, the top cop said all essential services will be excluded from the curfew. “People attending weddings and other ceremonies can travel. Those wanting to buy food products or medicines too can step out. However, like in lockdown 1.0, people found loitering unnecessarily will be punished,” he said.

According to Rao, city roads will be barricaded like how it was done during lockdown 1.0 and 2.0.

A senior police officer told TOI that during this period, vehicles could be seized under the Disaster Management Act-2005. “So, we request the public not to come out unnecessarily. If we find people roaming in vehicles, we shall seize the rides and owners will have to approach the court later to get them released,” he said.

The government has extended the lockdown till May 31, which includes two Sundays.
Earlier in the day, the state government allowed inter-state travel from Karnataka with the consent of the receiving state. Praveen Sood, Karnataka DG and IGP, said, “Inter-state pass is not required to go out of Karnataka as long as you have the consent of the receiving state. Due to the lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places. They would be allowed to move as usual.”

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