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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 25,2020

Bengaluru, Jan 25: The local police will provide security for Sri Nijagunananda Swami and his Kittur Nishkal Mantapa Mutt following a letter containing a threat to his life that was received on Friday.

The letter, containing the names of 15 liberal thinkers and activists, was circulated widely on social media and shown on some Kannada TV channels. The letter is addressed to the seer, and it condemns his lectures where he speaks in favour of liberal values.

“The decision to eliminate you will be taken on January 21. You will be eliminated, along with 15 of your followers and people who think like you,” the letter said. 

Among those threatened are Nidumamidi Channammalla Swami, Jnyana Prakash Swami, the former Chief Minister H.D. Kumaraswamy, actors Prakash Raj and Chetan Kumar, writer Chandrashekar Patil, Brinda Karat of the CPI(M) and writer K.S. Bhagavan.

It is not the first time that the seer is getting such threats. Two years ago, Belagavi Police had provided security to the seer following threats to his life. Last year, he got a phone call from a person from Shivamogga district. But the seer did not bother to complain.

This time, the district police will seek a written complaint from the seer. “We will assess the threat perception and the security levels. Adequate security will be provided,” the police said.

The seer is now camping in Jewargi in Kalaburagi district. “We have intimated the Kalaburagi Superintendent of Police of the need for immediate security arrangements. We will take steps to provide adequate security to him once he arrives in Belagavi district,” Superintendent of Police Lakshman Nimbaragi said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 11,2020

New Delhi, Feb 11: Senior Delhi Congress leader and national spokesperson of the party Sharmishtha Mukherjee alleged delay in decision making and lack of strategy and unity at the state level for the party's humiliating performance reflected in the Assembly poll results on Tuesday.

Mukherjee, president of Delhi Mahila Congress, stated that it was high time that the party takes some action. She added that she too was responsible for the Congress' poor show.

The Congress is on the verge of drawing blank again in the Assembly polls as all its candidates were way far behind their AAP and BJP opponents on all the 70 seats. In the 2015 Assembly elections too, Congress failed to win any seat.

"We r again decimated in Delhi. Enuf of introspection, time 4 action now. Inordinate delay in decision making at the top, lack of strategy & unity at state level, demotivated workers, no grassroots connect-all r factors. Being part of d system, I too take my share of responsibility (sic)," Mukherjee tweeted as the results came out.

She also accused the BJP of playing divisive politics while crediting Delhi Chief Minister Arvind Kejriwal for playing "smart politics" as the results showed a clean sweep by the AAP to return to power.

"BJP playing divisive politics, Kejriwal playing ‘smart politics’ & what r we doing? Can we honestly say that we’ve done all 2 put our house in order? We r busy capturing Congress whereas other parties are capturing India. If we r 2 survive, time 2 come out of exalted echo chambers! (sic)," she said in another tweet.

The Congress contested the Delhi polls in alliance with the Rashtriya Janta Dal (RJD), fielding candidates on 66 seats and leaving four to its partner.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 23,2020

Expressing concern over the ban imposed on TikTok by the government of India, Facebook CEO Mark Zuckerberg has reportedly called the development in the south Asian country “worrisome”.

TikTok was amongst the 59 Chinese apps that were banned in India but why it hogs the maximum limelight because TikTok had the second-largest user base in India with over 200 million users.

As per The Verge writer Casey Newton, Zuckerberg was worried about TikTok’s India ban. Although it soon cashed into the opportunity and released a TikTok clone “Reels”, the government’s reason behind banning the app in India wasn’t received well by Mark Zuckerberg. 

He had said that if India can ban a platform with over 200 million users in India without citing concrete reasons, it can also ban Facebook if something goes amiss on the security and privacy front.

Why Mark finds it particularly worrisome because Facebook is already involved in a lot tussle with the governments across the world involving national security concerns. 

“Facebook already faces fights around the world from governments on both the left and the right related to issues that fit under the broad umbrella of national security: election interference, influence campaigns, hate speech, and even just plain-old democratic speech. Zuckerberg knows that the leap from banning TikTok on national security grounds to banning Facebook on national security grounds is more of a short hop,” the report by Casey read.

Facebook till now has not faced any kind of issue in India but considering the debacle with the other governments, it is not entirely wrong to worry about its future in India if any national security issue arises. Back in 2016, Facebook’s Free Basics service, which means a free but restricted internet service, was banned in India by the telecom regulators. 

The TRAI had said that the Free Basic services were banned in India because it violated the principles of net neutrality. With Free Basics services, Facebook had planned to bring more unconnected users online. But since 2016, there has been no major tussle between the Indian government and Zuckerberg due to national security issues.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.