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.
coastaldigest.com web desk
May 25,2020

Mangaluru, May 25: D V Sadananda Gowda, Union Minister for Chemical and Fertilizer, has once again written to the Ministry of External Affairs urging to take steps to operate more repatriation flights from Gulf countries to Karnataka. 

In his second letter in 10 days addressed to Subrahmanyam Jaishankar, Union Minister for External Affairs, expressed regret over not giving due priority for the repatriation of Kannadigas in the middle east during the extended second phase of Vande Bharat Mission. 

"I shall be grateful if you could personally intervene and instuct the concerned in arranging flights to Mangaluru and Bengaluru from Gulf countries in existing schedule itself," Mr Gowda urged Mr Jayashankar. 

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.
coastaldigest.com news network
May 23,2020

Bengaluru, May 23: Karnataka reported 216 covid-19 positive cases in last 24 hours, marking the highest single day spike in the state ever since the first case was detected on 8 March. 187 of these 216 patients have recently returned from Maharashtra.

A 32-year old male resident of Bengaluru died on Saturday making it the 42nd fatality in the state.

The spike on Saturday takes the total number of covid-19 positive closer to the 2,000 mark and the number of active cases to 1,307 in the state, according to the daily health bulletin of the health department.

Yadgir in northern Karnataka recorded 72 cases on Saturday while Raichur recorded 40 cases. Cases in the sugarcane growing region of Mandya continued to rise as 28 people tested positive on Saturday that takes the total number of active cases to 211 as against Bengaluru that has 124.

Gadag registered 15 cases while Bengaluru recorded 4 cases.

Most of those who tested positive on Saturday had returned from other states, especially Maharashtra, one of the worst affected regions in the country.

The spike in cases comes even as the B.S.Yediyurappa-led state government is deliberating further easing of lockdown restrictions post 31 May. The state government has already resumed public bus and train services as well to facilitate inter-district movement of people that has added to fears of spreading the virus from cities to villages where healthcare infrastructure is poor and inadequate.

Karnataka will also see domestic flight arrivals from Monday.

In a statement on Saturday, Bengaluru International Airport said that it introduced ‘Parking-to-Boarding contactless’ journey.

“We have introduced innovative contactless procedures to minimise exposure at the Airport. These enhancements demonstrate our continued commitment to keep our passengers safe in this environment," said Hari Marar, managing director and chief executive of the airport said in a statement on Saturday.

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.
Shodhan Prasad
May 14,2020

Dubai: The father of a 16-year old girl who came on a visit visa to the UAE to visit him is desperate for help as she has been hospitalised, even as he has been rendered jobless.

On February 6, Amber D’Couto flew into Dubai from Mangaluru, India, along with her older sister, Alison, 19. The girls wanted to visit their dad Vivian D’Couto who was working in an automobile company at Jebel Ali.

The father was overjoyed to meet his girls until things took an ugly turn.

Two months into her stay, Amber fell seriously ill, even as D’Couto was served a termination letter by his company.

D’Couto said his daughter, a Grade 10 student, was perfectly healthly but suddenly developed high fever and began vomiting. She was rushed to a private hospital in Qusais which could not accommodate her because of the ongoing COVID-19 situation.

On April 30, she was admitted to another private hospital in the same area. After testing negative for COVID-19 thrice, she was diagnosed with acute pancreatis and Rheumatoid fever.

While the girl remains in hospital, the bill has spiralled to over Dh50,000, D’Couto said, adding that without a job now, he had no means to pay the huge amount.

“Amber is a very sweet child and a very bright student. She was living a very healthy life prior to coming to Dubai. But she is so ill now and under round-the-clock vigil in the ICU. The treatment for her condition is very specific and costly.”

A worried man, he said: “My daughter was on a visit visa and she had no insurance. We appeal to compassionate people to help us out in this difficult hour. Due to the current situation, I have lost my job and I am unable to pay for her medical expenses. Her condition has not stabilised yet and I am taking each day as it comes. I trust the doctors to help her recover, and we hope to be repatriated to India at the earliest so she can get further medical care.”

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.