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 1,2020

Bengaluru, June 1: Prime Minister Narendra Modi today praised the Karnataka government for its handling of the COVID-19 pandemic.

Addressing the silver jubilee celebrations of the Rajiv Gandhi University of Health Sciences (RGUHS) via a digital platform, he spoke about the Karnataka government's efforts.

He appreciated the work of front-line warriors who are fighting every day in the war against COVID-19 and stressed the need to respect them.

"Doctors and other medical workers are soldiers without wearing the uniform of soldiers. Any kind of attack or violence against them is not acceptable," said Modi.

"There are incidents of violence against the front-line warriors. Any kind of abuse, violence or rude behaviour is not acceptable. The world is looking at doctors and medical staff with gratitude," he said.

"This is the biggest crisis since the two World Wars," the prime minister said. "Pre- and post-COVID-19, the world will be different. The discussions now at a global level are humanity-centric."

Stressing the importance of medical infrastructure, the prime minister spoke about the decision taken by the Union Government to set up a medical college in every district.

"A nation like ours has to have the medical infrastructure and medical education. Now, every district is going to have a medical college," he said.

However, the PM remained silent on salaries of front-line warriors. The Karnataka government has so far not released the salaries of doctors, nurses and lab technicians hired under National Health Mission.

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News Network
June 19,2020

Bengaluru, June 19: Karnataka Chief Minister B.S. Yediyurappa''s home-office in the city centre was shut for sanitisation after the husband of a woman employee working there tested COVID-19 positive, an official said on Friday.

"The chief minister''s home-office has been closed for sanitisation after the employee''s husband tested positive for coronavirus," an official of the Chief Minister''s Office told media persons here.

The employee did not report for duty for two days after her husband was infected with the virus.

"The chief minister''s engagements, including an official event involving the state police department were shifted to the Vidhana Soudha (state secretariat)," said the official.

As the employee was on outpost duty, she did not come in contact with the Chief Minister or his cabinet colleagues and other senior officials.

Earlier in the day, the divisional railway manager''s office in the city centre was shut for sanitisation after a visiting employee tested positive for coronavirus.

"The three-floor DRM office has been closed for the day for santisation and all employees have been advised to work from home as one of our staffer who visited the office early this week tested positive for COVID-19 on Thursday," senior Divisional Commercial Manager Krishna Reddy told media persons here.

The DRM''s office is located adjacent to the Krantivira Sangoli Rayanna (KSR) main railway station in the city centre.

The state''s mini secretariat Vikas Soudha adjacent to the iconic Vidhana Soudha in the city centre has also been shut for sanitisation after a government employee working in it tested COVID positive.

The Bruhat Bengaluru Mahanagara Palike (BBMP), entrusted with the task of containing the virus spread, has already sanitised a portion of the massive building in the city centre.

After an employee of the food and civil supplies department tested positive, all offices on the ground floor of the mini-secretariat were sealed and sanitised.

The city registered 17 fresh cases on Thursday, taking the total number of positive cases to 844. With 14 discharged earlier in the day, 384 have been cured of the infection, while 408 are under treatment.

Of the 114 COVID deaths across the southern state since March 10, Bengaluru has accounted for 51 till date.

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News Network
April 3,2020

Bengaluru, April 3: Former prime minister HD Deve Gowda has written to Kerala Chief Minister Pinarayi Vijayan stating that he has communicated in writing to Karnataka Chief Minister BS Yediyurappa to make arrangements for the passing of vehicles related to medical facilities and essential goods between Mangaluru and Kasargod.

"What made me write this letter is the pain and anguish I experienced when BM Farookhji, the national working president of JDS and K Krishnan Kutty, MLA and a member of your Cabinet and member of JDS, a coalition partner of your government brought to my notice the inhuman and inappropriate action on part of the authorities of Karnataka to block the interstate highway between Mangaluru and Kasargod, bringing the traffic movements between the two states and particularly to Kasargod district having a sizeable population of Kannadigas to a grinding halt," Gowda wrote in the letter.

"I immediately wrote a letter to Yeddiyurappaji, the Chief Minister of Karnataka to make arrangements to permit goods movement and the passage of ambulances and other vehicles for any emergency. But authorities of Karnataka government appears to be very adamant despite the assurance given before the High Court," it added.

Gowda said that the situation is very grim since he learnt that four to five patients died for want of medical facilities since the ambulances ferrying the patients were denied permission to cross the border, to avail treatment from the hospitals at Mangaluru.

He also condemned the Karnataka government for denying access to medical facilities to people in Kerala.

"I very strongly condemn the attitude of the BJP government in Karnataka denying access to people from Kerala to avail medical facilities on emergency and also the movement of essential goods for the survival of the people and deprivation of such emergency services amounts to violation of human rights and opposed to all norms of humanity and humanitarian considerations," the letter read.
Gowda said he will take up the issue with Prime Minister Narendra Modi.

"I take this opportunity to assure you that I will take up this issue with the Prime Minister who had assured while imposing 21 days of lockdown that the supply of essential commodities will be maintained and hospital facilities will be kept open round the clock so as to prevent any untoward incident," he stated.

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