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
May 9,2020

Dubai, May 9: The wholehearted and collective effort of Karnataka NRI Forum, UAE and its president Mr. Praveen Shetty made it possible to have the first repatriation flight to Mangaluru – Karnataka from UAE. The Union Minister of India Mr. Sadananda Gowda tweeted on May 8th that the evacuation flight will fly from Dubai on May 12th with stranded citizen of India in UAE.

The whole world is under the impact of pandemic Covid 19. Government of India has announced the flights to repatriate its stranded citizens from all over the world. Sadly, the first batch of the announced flights had no mention of any flights from Gulf countries to Karnataka.

In Gulf countries, especially in UAE, thousands of Kannadigas are working for their livelihood. In this population major part is shared by coastal Karnataka people who belong to Mangalore, Udupi and other nearby districts. This lack of consideration of Mangaloreans for repatriation was made whole Kannadiga’s in deep sadness, where as many Kannadiga’s were waiting for flights to obtain urgent medical assistance and other medical support back in their home country.

Once after obtaining the news of not having flights to Karnataka from UAE, Mr. Praveen Shetty immediately actioned and wrote letter to concerned departments and ministers under the banner of KNRI. Mr. Praveen Shetty was in continuous follow up with Deputy Chief Minister of Karnataka Dr. Ashwath Narayan, Mr C.T. Ravi Minister for Tourism of Karnataka, Union Minister of India Mr. Sadananda Gowda, Minister of Parliamentary Affairs (India) Mr. Pralhad Joshi, Minister of Railways of India (Minister of State) Mr. Suresh Angadi and officials of Aviation ministry along with other concerned departments.

The efforts have now given the result and finally the confirmation has been obtained from Mr. Sadananda Gowda about consideration of repatriation flights to Mangalore from Dubai on May 14th. It is expected that Aviation ministry will officially announce the flight arrangement and other operational information shortly.

Speaking to media, Mr. Praveen Shetty said, Karnataka NRI Forum is always committed to serve  Kannadigas and the collective effort of core committee members, ministers of Karnataka & Govt of India including the Aviation & other concerned ministries made possible the most important and much awaited flight to Mangalore from UAE to repatriate expats who are in need. I thank each and everyone who joined their hands to make this possible.

Mr. Praveen Shetty is a well-known businessman in UAE who manages Fortune Group of Hotels in UAE & Georgia. He selflessly given his 3-star hotel to UAE ministry to operate as Quarantine facility to people who are under observation with Covid 19. Also, he joined his hands with organizations in UAE who are extending their helping hand to needy people in UAE.

With the help of likeminded businessmen and professionals, the KNRI forum under the leadership of Mr. Praveen Shetty along with ‘Dubai Anivasi Kannadigaru’ started a helpline called “Kannadigas Helpline” through which they received around 3000 requests for food, medical, legal and other assistance. They aided many Covid infected people with quarantine and isolation by the help of Dubai Health Authority, Ministry of Health, Dubai Police and Consulate General of India under the guidelines of Dubai Govt.

Mr. Praveen Shetty expressed his gratitude to Dubai Health Authority, Ministry of Health, Dubai Police and Consulate General of India for their professional guidance and help to Kannadigas during the pandemic Covid 19 situation.

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Ganapati
 - 
Wednesday, 13 May 2020

Sir pls helf madi nange ಎದೆ ನೋವು barta iratte uralli medicen madidde swalpa kadime agittu adre ivaga dubai ge bandu 6tingalu aytu iga puna start agide next flight alli nanagu ondu site sigo hage  madi sir plz idu nanna mobile numbar 0544826324

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News Network
January 29,2020

Hubballi, Jan 29: Thousands of people took part in a protest march against the Citizenship (Amendment) Act (CAA) causing traffic snarl in the city on Tuesday.

Various Dalit organisations had taken part in protest organised under the aegis of the 'Samvidana Samrakshana Samiti'.

KPCC members including MLA Prasad Abbayya, former Minister A.M. Hindasageri and office-bearers also joined the protest.

They congregated first at B.R. Ambedkar Statue near the Head Post Office in Hubballi. Holding flags and banners, the protesters marched from Ambedkar statue to mini Vidhana Soudha covering Lamington Road, Sangolli Rayanna Statue and Kittur Chennamma Circle.

Mr. Abbayya said that despite opposition from various minority communities and progressive organisations, the Union government had not changed its stand. The opposition would continue till the new law was repealed, he said.

He termed the CAA as a draconian law that meted out injustice to not only Muslims but also to Hindus. “Giving citizenship based on documents is highly condemnable. At a time when the country is undergoing an economic slowdown, it is highly condemnable that thousands of crores are being spent to enact the law. The Union government should immediately abolish the new law,” he said.

They submitted a memorandum to the Hubballi tahsildar that was addressed to the President, seeking abolition of the new law. In view of the march, the police had diverted traffic and had made elaborate bandobast.

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Agencies
July 20,2020

Mumbai, Jul 20: The Bombay High Court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him "from a reasonable distance".

The directions came after Rao's lawyer told the court that the activist was "almost on his deathbed".

Rao, 81, is currently admitted in the Nanavati Hospital here. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.

A division bench of Justices S S Shinde and S P Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao's health condition and clarify by July 22 whether his family members could be permitted to see him.

Rao's lawyer Sudeep Pasbola told the court that the activist was "almost on his deathbed" and that if he were to die, it should be in the presence of his family.

"His condition is very serious. He hit his head against the hospital bed while he was at the J J hospital and sustained severe injuries. Besides COVID-19, he suffers from several ailments, he is hallucinating and is delirious," Pasbola said.

"His days are numbered and if he is to die, at least let him die in the presence of his family members," the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.

The bench, however, asked if Rao was in such a critical condition, wouldn't it be counterproductive to move him out of the hospital, and take him to any other place? "Also, if he has COVID-19, then how can he meet his family?" the court asked.

To this, Pasbola said if permitted, Rao's family could take precautions, and see him from a distance. The state's counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao's family.

Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, "COVID-19 patients could not be permitted to meet anyone". He also said Rao had been admitted to "one of the best multi-speciality hospitals in the city," and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).

"We are providing the best treatment to him, all his medical needs are being attended to and we are following ICMR guidelines in treating him for COVID-19," Singh said. The court, while seeking details from the NIA and the state, said, "Can his family members see him from a reasonable distance in the hospital?"

Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run J J Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.

The other plea sought bail on health grounds.

The same bench also heard a petition filed by Rao's co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for COVID-19 as they had been in close contact with Rao in the jail.

The court directed the prison authorities and the NIA to respond to the plea by July 23. "The prayer in the petition is limited. You (authorities) carry out the test for COVID-19 and see. If they are negative then good," the court said.

It noted that they (Gonsalves and Teltumbde) are lodged in the Taloja jail where there have been cases of inmates testing positive for coronavirus. Besides, the hearing on the plea of activist Sudha Bharadwaj, also an accused in the case, seeking bail on health grounds was adjourned after the court found the Byculla women prison superintendent's report on her health to be "illegible".

Her plea will also be heard on July 23.

Bharadwaj has been in jail since September 2018. She applied for bail on health grounds after an inmate at the Byculla prison tested positive for coronavirus last month.

Rao and nine other activists were arrested in the Elgar Parishad-Maoist links case, which was initially probed by the Pune Police and later transferred to the NIA.

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