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 8,2020

Bengaluru, Apr 8: A 65-year-old man from Kalaburagi district became the fifth COVID-19 fatality in Karnataka, where six new positive cases were confirmed, pushing the tally in the state to 181, the health department said on Wednesday.

The man with Severe Acute Respiratory Infection (SARI), died at a designated hospital in Kalaburagi on Tuesday, a day after being shifted from a private hospital where he was initially treated for two days.

"On April 4, he had got admitted to a private hospital, on April 6 he was shifted to ESI hospital, where he passed away," Primary and Secondary Education Minister Suresh Kumar told reporters here.

The private hospital had been locked and its entire medical team quarantined, he said, adding a notice had been served on it for act of "criminal negligence" (by not referring the patient to designated hospital) and will be followed with a police case.

"He was suffering from SARI, on collecting his sample, tests have revealed that he was positive....investigation is on to find how he got infected," the Minister said.

Noting that the hospital in this case did not refer the patient to the designated hospital and kept treating him for two days, he appealed to all private healthcare facilities to inform authorities if anyone showed any indications for COVID-19.

"As of 5 PM on April 8, cumulatively 181 COVID-19 positive cases have been confirmed in the state, it includes 5 deaths and 28 discharges," the health department said in a bulletin.

Out of the positive cases, 71 are those who had come back from foreign countries, while remaining 110 are contacts and those who had gone to Delhi, the Minister said.

Kumar also said an expert committee comprising Narayana Health founder-chairman Dr Devi Prasad Shetty and Jayadeva Institute of Cardiovascular Sciences director Dr C N Manjunath among others, constitutedto devise an exit strategy for the lockdown, has submitted its reports with various recommendations to Chief Minister B S Yediyurappa.

The chief minister and officials were examining it which was likely to come up before the cabinet meeting on Thursday after which the details will be shared, he added.

The health department said the six fresh cases reported on Wednesday included the elderly man from Kalaburagi who died.

Among the positive cases are a woman from Uttara Kannada with history of SARI and contact of a Dubai returnee, a 72- year-old woman from Kalaburagi, who is mother of a patient that tested positive for the disease; a man from Mandya with contact to two patients.

Others include a man from Chikkaballapura with travel history to Delhi and a woman from Bengaluru also with a travel history to the national capital.

Contact tracing is in progress for all the cases, the bulletin added.

The department said out of 148 active cases in the state, 146 COVID-19 positive patients (including 1 pregnant woman) are in isolation at designated hospitals are stable and two in ICU (one each on oxygen and ventilators).

It said out of total 181 cases in the state, six are transit passengers of Kerala.

Bengaluru accounted for the highest in the state with 63 cases, followed by Mysuru (35), Dakshina Kannada (12) Bidar (ten), Uttara Kannada and Kalaburagi (9 each), Chikkaballapur (8) Belagavi (7), Ballari (6), Bagalkote (5), Mandya (4) Davangere, Bengaluru Rural and Udupi (three each), and Kodagu, Tumakuru, Gadag and Dharwad one each.

Those discharged include 16 from Bengaluru, four from Dakshina Kannada, two each from Uttara Kannada, Kalaburagi and Davangere, and one from Bengaluru Rural; while among those dead are two from Kalaburgari and one each are reported from Bengaluru, Bagalkote and Tumakuru.

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News Network
July 22,2020

Udupi, Jul 22: Deputy Commissioner G Jagadeesh on Wednesday announced lifting of ban on movement of people and vehicles with immediate effect in the borders of Kerala which was banned during lockdown.

The announcement comes hours after Karnataka Chief Minister B S Yediyurappa announced that lockdown in Bengaluru and other parts of the state will not be extended any further, suggesting people should wear masks and maintain physical distancing strictly.

Mr Jagadeesh noted that although the seal down of the borders of the district would be lifted, checkposts on the border would be set up and urged people to enter the district only in case of emergency.

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News Network
May 10,2020

May 10: Azaan is an integral part of the faith, not the gadget, says veteran writer-lyricist Javed Akhtar, asking that the Islamic call to prayer on loudspeakers should be stopped as it causes "discomfort" to others.

In a tweet on Saturday, Akhtar wondered why the practice was 'halaal' (allowed) when it was, for nearly half a century in the country, considered 'haraam' or forbidden.

"In India for almost 50 years Azaan on the loud speak was Haraam. Then it became Halaal and so halaal that there is no end to it, but there should be an end to it. Azaan is fine but loud speaker does cause of discomfort for others. I hope that atleast this time they will do it themselves (sic)," Akhtar tweeted.

When a user asked his opinion on loudspeakers being used in temples, the 75-year-old writer said everyday use of speakers is a cause of concern.

"Whether it's a temple or a mosque, if you're using loudspeakers during a festival, it's fine. But it shouldn't be used everyday in either temples or mosques.

"For more than thousand years Azaan was given without the loud speaker. Azaan is the integral part of your faith, not this gadget," he replied.

Earlier in March, Akhtar had supported the demand to shut mosques amid the coronavirus outbreak in the country, saying even Kaaba and Medina have been closed due to the pandemic.

He had also appealed to the Muslim community to offer prayers from home in the holy month of Ramzan, which began on April 24.

"I request all the Muslim brothers that now that Ramzan is coming, please say your prayers but make sure that this doesn't cause problems to anyone else. The prayers that you do in the mosque, you can do that at home. According to you, the house, the ground, this all has been made by Him. Then you can do your prayers anywhere," he had said.

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