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 22,2020

Mangaluru, Apr 22: A staff working at the office of Dakshina Kannada Deputy Commissioner was sent to quarantine as a precautionary measure here in the city on Wednesday.

The staff reportedly is a distant relative of a woman (native of Bantwal) who recently died due to killer Corona Virus in Wenlock Hospital, prompting the DC office to send the staff for 14-day quarantine.

According to the reports the staff had met the Doctor who was treating the woman and had inquired about her health condition on April 18.

However the staff did not meet the woman when she was in hospital as she was being treated in the ICU.

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News Network
April 21,2020

Bengaluru, Apr 21: The group who had attacked police and healthcare workers at the minority-dominated Padarayanapura in the city on Sunday night had raised slogans ''kill police'' when the team went to quarantine some people, the police alleged in an FIR.

Around 100 to 120 people rushed out onto the road targeting the police and health workers who wanted to pick up primary and secondary contacts of coronavirus patients.

Cases have been registered against the miscreants based on the complaint of police officers.

In one of the FIRs, police sub-inspector Raman Gowda complained that when he went to quarantine 43 people with the healthcare officers, around 120 people rushed out and attacked them.

"The group of people holding sticks and stones rushed from Arafat Nagar," Mr Gowda said.

When he was trying to stop them from destroying a CCTV camera, the mob attacked him shouting slogans ''Kill the police. Don't spare them," he alleged in the FIR.

"They wanted to kill us with stones and sticks and some of our staff sustained injuries," the officer said.

According to police, 59 people have been arrested including A woman who had allegedly masterminded the attack.

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News Network
February 12,2020

Bengaluru: Karnataka chief minister BS Yediyurappa on Tuesday shuffled the portfolios of six newly inducted ministers after they expressed unhappiness about the departments allocated to them barely 24 hours ago.

Three ministers — BC Patil, Anand Singh and K Gopalaiah — received new responsibilities and as many — Shivaram Hebbar, Srimanth Patil and Byrathi Basavaraj — have been saddled with more.

Sources said the six ministers met the CM late Monday night and said they were not happy with the portfolios handed to them. They reportedly threatened not to assume office until their demands were met, forcing the CM to effect the changes early Tuesday.

BC Patil is now vested with agriculture (he had been given forest), Anand Singh forest, environment and ecology (earlier food and civil supplies) and Gopalaiah food and civil supplies (instead of small-scale industries). BC Patil said, “I’m happy I can now be with farmers.” Shivaram Hebbar has been given the additional responsibility of sugar along with labour allocated to him on Monday.

Allocation of the forest portfolio to Anand Singh has raised eyebrows as the Vijayanagara MLA had been arrested in 2013 and 2015 in cases of illegal mining and illegal transportation of mining ore. Singh owned SB Mineral in Ballari and the Lokayukta had charged him with transporting 17,086 tonnes of iron ore without permission or valid licence. He was acquitted in a Belikeri iron ore export case due to lack of evidence.

Byrathi Basvaraj, who has been given the urban development ministry, will also handle Karnataka Urban Water Supply and Drainage Board and Karnataka Urban Infrastructure Development and Finance Corporation.

Srimanth Patil has received minority welfare department apart from textile.

The exercise of portfolio shuffling is likely to continue with minister K Sudhakar reportedly unhappy with medical education.

In another embarrassment to the CM, Mahesh Kumathalli on Tuesday refused to take over as chairman of the Mysore Sales International Ltd, saying he wants to be a minister. BJP MLA Basanagouda Patil Yatnal urged Yediyurappa to induct Kumathalli into the cabinet in line with the promise made to him when he joined the BJP before bypolls. “The CM must keep his word,” he said.

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