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 19,2020

Bengaluru, May 19: In the wake of assurance by Chief Minister B S Yediyurappa to look into their demands, hotels and restaurants in Karnataka today decided to continue takeaway services for three more days.

Hotels were also exempted from the total lockdown on Sundays in Karnataka - under the state guidelines issued for Lockdown 4.0.

The Karnataka Pradesh Hotel and Restaurants' Association (KPHRA) had earlier threatened to stop takeaway services over refusal to allow dine-in facility in the fourth phase of the lockdown. 

B Chandrashekar Hebbar, president of KPHRA said that the CM urged hoteliers to wait for three days, assuring that a decision will be taken. 

"We appraised the government over the mounting losses by keeping just take-away services open. Noting that social distancing and other guidelines will be followed, we urged him to allow dine-in facility," he said.

The Association will wait three more days before discontinuing parcel services, Hebbar said. 

The government also provided relaxation to hotels from the total lockdown announced in Karnataka on Sundays, he said. 

A package for hotel employees such as cooks and waiters, along the lines of those announced for farmers, cab drivers and weavers, was also sought in a petition submitted to the chief minister.

In fact the state government had expressed its willingness to open hotels under the Lockdown 4.0, subject to restrictions. However, the central guidelines do not allow dine-in services.

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News Network
July 15,2020

Bengaluru, Jul 15: Karnataka Pradesh Congress Committee President D K Shivakumar on Tuesday alleged Chief Minister B S Yediyurappa led state government of corruption and said it had not spared even beds and pillows meant for COVID-19 patients to make "corrupt" money.

Taking to microblogging site Twitter, Congress leader said BJP government will be exposed in the coming days.

"It is nauseating that @BSYBJP govt has not even spared the beds and pillows meant for CoVid patients to make corrupt money from. There are many such scams involving ministers. Evidences about them will be placed before people and the BJP Govt will be exposed in the coming days," he tweeted.

Cabinet minister Jagadish Shettar on Monday announced a complete lockdown in Karnataka's Dharwad area from 10 am on July 15 to 8 pm on July 24 in a bid to control the rising number of COVID-19 cases.

According to the State's health department, Karnataka has a total of 41,581 positive cases so far, including 24,572 active cases and 16,248 recoveries.

So far, 757 people have lost their lives to coronavirus in the State.

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News Network
April 18,2020

Bengaluru, Apr 18: Virtually defending the Gowda family for conducting a marriage reportedly defying lockdown restrictions, Chief Minister B S Yediyurappa on Tuesday said it was performed in a simple manner and well within their limits, "for which they are to be congratulated."

"All the necessary permissions were given and the marriage was performed in a simple manner. There is no need to discuss about it. They had done it well within their limits for which I congratulate them," Yediyurappa said to a query from reporters during the post-COVID-19 briefing.

Scores of people had thronged a farmhouse on Friday to get a glimpse of the wedding of former Prime Minister and JD (S) supremo, H D Deve Gowda's grandson Nikhil Kumaraswamy, ignoring appeals not to visit the venue in view of the ongoing lockdown to check the COVID-19 outbreak. Nikhil, son of former Chief Minister H D Kumaraswamy, tied the nuptial knot with Revathi, the grand-niece of former Karnataka housing minister M Krishnappa.

The marriage was solemnised at Kumaraswamy's Kethaganahalli farmhouse at Bidadi in the neighbouring Ramanagara district, a JD(S) stronghold. Kumaraswamy had taken to Twitter after the marriage, thanking his party MLAs, leaders and workers for staying away from the event and blessing his son from their houses. In a series of tweets, he had said social distancing was maintained and all precautionary measures were taken throughout the event.

BJP had hit out at the JD(S) first family for flouting the norms, alleging that at least 150 to 200 vehicles were given permission to attend the event, that too at at time when social workers wanting to serve the badly affected poor people were not being allowed to ply any form of transport JD(S) leader N H Konareddi and MLC T A Sharavanna had denied the charges, saying the union government guidelines had been followed and that social distancing was maintained.

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