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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coastaldigest.com news network
August 4,2020

Bengaluru, Aug 4: As the stage is set for the ground-breaking ceremony for Ram temple construction at Ayodhya on Wednesday, retired Supreme Court judge N Santosh Hegde has called for the promotion of religious harmony and peaceful coexistence and respect for different faiths.

"It is a good idea to make that as an object of the temple so that there can be peace in the world," the former Solicitor General of India said when asked if the temple should be promoted as a symbol of national integration, and social and communal harmony.

Hegde said one of the most dangerous things for conflict today is religion. "In that background, there should be some effort from somebody or other to bring about peaceful coexistence, respecting each religion," the former Karnataka Lokayukta told PTI on Tuesday. "It is a good idea to start Bhumi Pujan as an indicator of that or foundation for developing harmony among various religions," he added.

The Supreme Court had in November last year paved the way for the construction of a Ram temple by a Trust at the disputed site of the Babri Masjid's demolition in Ayodhya. It also directed the Centre to allot an alternative 5- acre plot to the Sunni Waqf Board for building a new mosque at a "prominent" place in the holy town in Uttar Pradesh. The Uttar Pradesh government has allotted a five-acre land in Dhannipur village in Sohaval Tehsil of Ayodhya for the mosque's construction.

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News Network
February 29,2020

New Delhi, Feb 29: The father of Intelligence Bureau staffer Ankit Sharma, whose body was pulled out of a drain in northeast Delhi's riot-hit Chand Bagh, complained to police that goons had assembled at the residence of former AAP counselor Tahir Hussain and were throwing petrol bombs from the rooftop.

According to the FIR which was registered on Thursday on the basis of the complaint lodged by Ankit's father Ravinder, the goons were also firing from the rooftop.

On Tuesday, Ankit returned from his office at 5 pm and then went outside to buy groceries. When he did not return, the family started looking for him and later filed a missing report, the FIR stated.

They got to know from their neighbours that a body has been recovered from a drain… later it was found to be that of Anikt, it said, adding the body had multiple stab injuries on the face, head, back, and chest.

The family has alleged in the FIR that it was Hussain and the goons at his residence who killed Ankit. In the FIR, Hussain has been accused of murder, destruction of evidence and abduction.

Soon after the FIR was registered on Thursday, the AAP suspended Tahir Hussain from the primary membership of the party till the police completed its probe.

The death toll in Delhi's communal violence rose to 42 on Friday as the situation showed some signs of returning to normalcy and clouds of smoke cleared to reveal the extent of the damage from the worst riots in the city in over three decades.

A total of 148 FIRs have been registered and 630 people have been either arrested or detained so far in connection with the communal violence, a Delhi Police spokesperson said.

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Agencies
May 1,2020

New Delhi, May 1: The Centre has finalsed the criteria for delimitation of various zones after May 3. It has identified at least 130 districts as red zones, 284 orange zones and 319 green zones.

According to a letter written by Health Secretary Preeti Sudan to the Chief Secretaries of all States and UTs, all the states have to delineate the containment areas and buffer zones in the identified red and orange zone districts and notify the same.

The letter said, the national capital has at least 11 red zones, Uttar Pradesh 19 red zones, 36 orange zones and 20 green zones while, the state of Haryana has 2 red zones, 18 orange zones and 2 green zones.

The Gautam Buddha Nagar in Uttar Pradesh has been identified as a red zone district while, Ghaziabad has been designated as an orange zone. The national capital has no orange and green zone; there are only red zones according to the letter.

In Maharashtra, Mumbai, Pune, Thane, Nashik come in the red zone.

In West Bengal, Kolkata, Howrah, 24 Parganas -- both North and South have been identified as red zones while Hooghly, Nadia, Murshidabad etc have been marked as orange zones.

In the southern part of India, Kerala has 2 red zones and 10 orange zones, while Tamil Nadu has 12 red zones and 24 orange zones.

The Health Secretary said that the list will be revised on a weekly basis or earlier and communicated to states for further follow-up action in consonance with the directions issued by the Ministry of Home Affairs under the Disaster Management Act, 2005 based on field feedback and additional analysis at state level, states may designate additional red or orange zones as appropriate.

However, states may not relax the zonal classification of districts classified as red or orange as communicated by the Ministry. This classification is multi-factorial and takes into consideration incidence of cases, doubling rate, extent of testing and surveillance feedback to classify the districts.

A district will be considered under green zone, if there are no confirmed cases so far or there is no reported case since the last 21 days in the district.

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