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
April 20,2020

Bengaluru, Apr 20: Karnataka Chief Minister BS Yediyurappa on Monday held a meeting with State Home Minister Basavaraj Bommai and police officers over the Padarayanapura incident that occurred on Sunday.

A ruckus erupted in Padarayanapura on Sunday allegedly over shifting of suspected COVID-19 persons to quarantine facility by the Bruhat Bengaluru Mahanagara Palike (BBMP) officials.

"I met the Chief Minsiter and briefed him. CM has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people and five FIRs have been registered. I'm going to Padarayanapura now. Will make sure others are quarantined," said Bommai earlier today after meeting the Chief Minister.

Meanwhile, reacting on the incident, former Karnataka Chief Minister and Janata Dal-Secular leader HD Kumaraswamy said that the people responsible must be dealt with proper action.

"These kinds of incidents are not acceptable, its an act of shame. Doesn't matter which community one belongs to, each and every one must follow the guidelines and law. Whoever is indulged in such act must be punished," he said.
In a series of tweet Kumaraswamy said that it was not at all needed to attack the police check post and this act is unacceptable.

The incident occurred in the late evening on Sunday at Padarayanapura which is recognized as a 'Red Zone' when BBMP officials went to bring 15 secondary contacts of corona positive patients.

However, some people and youth created ruckus and broke the barricades and removed police post which was stalled in the area.
Soon after receiving the information, Bengaluru South Deputy Commissioner of Police reached the spot and brought the situation under control.
"Lockdown continues, please remain indoors.

Tomorrow will be as it was till today. We Understand your situation and appreciate your cooperation," tweeted Commissioner of Police, Bengaluru City, Bhaskar Rao.

In Karnataka, 390 people have been diagnosed with Covid-19, of which 16 people have succumbed to the infection, as per the Union Health Ministry.

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News Network
January 24,2020

Newsroom, Jan 24: BJP leader and Udupi-Chikkamagaluru MP Shobha Karandlaje has been booked by Kerala police over a misleading and communally provocative social media post.

Karandlaje had tweeted that that Hindus from a colony in Kuttipuram in Malappuram district were denied water supply as they supported the the Citizenship Amendment Act (CAA). 

"Kerala is taking baby steps to become another Kashmir. Hindus of Kuttipuram Panchayat of Malappuram was denied water supply as they supported #CAA2019. #SevaBharati has been supplying water ever since. Will Lutyens telecast this intolerance of PEACEFULS frm God's Own Country!?," she tweeted. 

A case has been booked under section 153(A) of IPC (promoting enmity between different groups on grounds of religion, race etc). Karandlaje took to Twitter to slam the Kerala government, and said it had lodged a complaint against her instead of acting against the discrimination faced by dalit families of Cherukunnu. 

"It is high time the society unites against these pressure tactics of a non-performing, biased left government," she said. 

Karandlaje claimed that the CAA had been accepted by both houses of Parliament and people supporting the Act were facing boycott in business and were being denied basic amenities and jobs. "The CPI(M) government is blind to all these incidents across Kerala, but files a case against me for speaking the truth!" she retorted.

According to reportage from multiple outlets, the colony in Malappuram district's Kuttippuram was dependent on a private individual for water; then came accusations that they were denied the water for attending BJP's pro-CAA rally. 

A resident of the colony was quoted by a newspaper, “We were denied drinking water because our husbands participated in a meeting organised to gather support for the CAA. Some people told the family that they should not give drinking water to us because CAA is a threat to the people in their community.” 

However, the individual in question denied the accusation, claiming a lack of water because of technical issues.

The case was registered after a complaint by lawyer Subhash Chandran, a resident of Malappuram. Aravindan E.A., SI of Kuttippuram police, said, "From a private person's borewell, water was being provided to the people of the colony. This motor had taken for agricultural work and he was recently issued a warning by State Electricity Board. He was told that if he uses the motor for any other purpose, power supply would be disconnected. He then had stopped using the pump following the crisis worsened.”

Comments

Vishwas
 - 
Friday, 24 Jan 2020

This is BJP's usual drama. If your bloody seva bharathi people denied water, there is strong govt and youths to provide water. and other facilities

Yashwantha
 - 
Friday, 24 Jan 2020

Sobhakka's adhika prasanga wont work in kerala. She should visit kerala and experience. She can only boast via social media

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News Network
May 7,2020

May 7: Accusing the BJP government in Karnataka of "medieval barbarism" and treating migrants as worse than "bonded labourers", CPI(M) general secretary Sitaram Yechury on Wednesday hit out at the state's decision to stop workers from returning to their homes in different parts of the country citing requirements of the construction sector.

The Karnataka government has withdrawn its request to the railways to run special trains to ferry migrant labourers to their home states, hours after builders met Chief Minister B S Yediyurappa to apprise him of the problems the construction sector will face in case they left.

"This is worse than treating them as bonded labour. Does the Indian constitution exist? Are there any laws in the country? This BJP state government is throwing us back to medieval barbarism. This will be stoutly resisted,” Yechury said in a tweet.

The railways is running Shramik Special trains to ferry to their home towns migrants who were stranded at their places of work during the lockdown.

So far, it has run more than 115 such trains.

The Principal Secretary in the Revenue Department N Manjunatha Prasad, who is the nodal officer for migrants, had requested the South Western Railways on Tuesday to run two train services a day for five days except Wednesday, while the state government wanted services thrice a day to Danapur in Bihar. However, later, Prasad wrote another letter within a few hours that the special trains were not required. Several migrants in the city were desperate to return home as they were out of jobs and money.

Yechury also lashed out at the central government over reports that it owed states and industry Rs 3 trillion and accused the centre of shifting the burden of fighting the pandemic to the state governments.

“While shifting the entire burden of fighting the pandemic on to the State governments, Modi government is not even paying their legitimate dues. After November 2019, Centre has not paid the GST compensation dues for the rest of the financial year, i.e., March 2020.

“Modi government has the right to loot while crores of people & States are left with nothing but the right to starve?,” he tweeted.

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