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 6,2020

Mangaluru, Apr 6: City Police Commissioner Dr P S Harsha has directed coastal security personnel to block the boat service near Talapady after reports of Kasarogod people using boats to cross over to Dakshina Kannada via Talapady river emerged, Dakshina Kannada District in-charge Minister Kota Srinivas Poojary said here on Monday.

Following the rise in Coronavirus cases in the neighbouring Kasargod district, District Commissioner Sindhu Roopesh ordered closure of borders with Kerala and totally suspended vehicular movement, including for medical emergencies.

However, now the people living in Talapady and surrounding areas allege that the government has failed to monitor people using boats to cross over to Dakshina Kannada via Talapady river.

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News Network
January 25,2020

Bengaluru, Jan 25: Several women have completed a 24-hour protest here against the Citizenship Amendment Act (CAA) and are going strong to stretch it to 48 hours.

"More than a thousand women gathered on the Masjid Road at Frazer Town to denounce the CAA and National Register of Citizens (NRC)," participant and Mount Carmel College student Noor Zahira told IANS.

The women protesters extended their support to the students in Jamia Millia Islamia, the Aligarh Muslim University, the Jawaharlal Nehru University and others who were recently roughed up allegedly by police and masked goons.

Zahira, 20, said the women's protest was planned only for 24 hours but is continuing to touch 48 hours.

Starting 3pm on Thursday, the women, several of them in burqas, niqabs and hijabs, are sitting on the road just outside the Haji Sait mosque in Frazer Town in a flash protest. Though they have informed the police, they did not wait for the permission. Around 11 pm, police arrived and shut off the protesters' loud speakers.

Zahira said already four such women's anti-CAA protests were taken out in Bengaluru. Women from all ages groups have joined the protest and are sloganeering.

As the women are protesting on the road, men are guarding them standing on the opposite road, ensuring all supplies such as food and others to them, she added.

"Muslim women were not alone in denouncing the CAA... we were joined by the transgenders, Hindu women, Christian women, Dalits and others, " she said.

Some of the protesters also indulged in creative work such as composing songs against the CAA and making placards.

Though four anti-CAA women's protests happened at the Town Hall and other landmarks in Bengaluru, they were only a few hours long.

The protesting women are also showing support to women protesters at Shaheen Bagh in Delhi who were accused of demonstrating for Rs 500. However, the protest did not align anti-CAA demonstration with any political party, keeping it apolitical.

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Agencies
January 15,2020

New Delhi, Jan 15: A Delhi court on Wednesday granted bail to Bhim Army chief Chandrashekhar Azad in connection with the Daryaganj violence case.

The court has ordered him not to hold any protest in Delhi till February 16th.

While hearing the case, the Judge had asked Azad's counsel to read out some of his social media posts.

Advocate Mehmood Pracha, representing Azad, had on Tuesday said that the petitioner was sent to jail without any evidence in connection with anti-CAA protests in Delhi's Darya Ganj area last year.

"I think the court's comments should become a precedent for the country. The Public Prosecutor at the behest of police tried to make this a communal issue. We told the court that the government has a problem with Azad because he made the CAA-NPR-NRC an issue for everyone. 
The Court also sought evidence," Pracha told ANI after Delhi's Tis Hazari court deferred the bail plea of Azad till today.

On Wednesday, the court pulled up the Delhi Police for failing to show any evidence against Azad.

Azad was arrested on December 21 last year after he led a march from Jama Masjid against the Citizenship (Amendment) Act. He was sent to judicial custody till January 18 at Tihar jail.

The Bhim Army chief was charged with rioting, unlawful assembly and inciting the mob to indulge in violence after vandalism in Delhi's Daryaganj area.

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