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
May 19,2020

New Delhi, May 19: In a fresh blow to saffronite journalist Arnab Goswami, the Supreme Court of India today rejected his plea seeking transfer of the investigation of a case, filed against him for defaming Congress interim president Sonia Gandhi, to the CBI. The court also refused to quash the FIRs filed against him.

Goswami, editor-in-chief of Republic TV, has been booked in connection with a TV show on the gathering of migrants outside Bandra railway station on April 14. This apart, multiple FIRs have been filed against him for his show on Palghar lynching. In that show, he had posed certain questions on the incident to Congress President Sonia Gandhi, following which Congress workers lodged complaints against him in various states.

Extending Goswami’s interim protection from arrest by three weeks, the Supreme Court said, “Right of a journalist under 19 1 (a) higher…Free citizens can’t exist if news media can’t speak.”

During the earlier hearing, Senior Advocate Harish Salve, appearing for Goswami, had urged the court to transfer the probe to an agency like CBI. He said the “nature of the” second FIR against Goswami over a show on the migrant gathering outside Bandra station on April 14 “shows that it’s arm-twisting tactic”. 

“They are trying to stifle an unpleasant voice. This is a political party targeting a journalist. All complainants are members of one political party. They have a problem with the government. They want to teach this journalist a lesson,” he added.

Objecting to Salve’s plea to transfer the case to the CBI, Maharashtra government counsel, Senior Advocate Kapil Sibal, had said, “CBI investigation will go into your hands”. 

Sibal denied that Goswami was being harassed and said he was only asked relevant questions. He said Goswami should “stop this communal violence and communal mongering”.

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News Network
June 12,2020

Bengaluru, Jun 12: Karnataka Medical Education Minister K Sudhakar on Friday said experts have indicated a surge in coronavirus cases in the state after August 15 and the government was taking all precautionary measures in that direction. Speaking to reporters in Ballari, Sudhakar said, "About 97 percent of over 3,000 active cases in the state are asymptomatic.

Experts after studying the developments in other countries and states have said that there will be a surge in infections after August 15."

He said the government was taking all precautionary measures in that direction.

 As of June 11 evening, cumulatively 6,245 COVID-19 positive cases have been confirmed in the state, which includes 72 deaths and 2,976 discharges, the health department's bulletin said.

It said, out of 3,195 active cases, 3,185 patients are in isolation at designated hospitals and are stable, while 10 are in ICU.

Meanwhile, in a tweet pointing out that nearly 60 per cent of the COVID cases in the country are from 10 cities, Sudhakar said, despite being the fourth most populous city in the country Bengaluru has been successful in containing its spread.

"Nearly 60% of total COVID-19 cases in India are found in 10 cities. Despite being 4th most populous, Bengaluru has been successful in containing spread of virus.

I urge people to keep up the fight, continue vigil & together with #CoronaWarriors we can defeat the virus," Sudhakar tweeted.

Bengaluru that does not figure in the list of 10 cities shared by the Minister has reported 581 coronavirus cases till last evening, out of which 258 are active.

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News Network
April 30,2020

Bengaluru, Apr 30: Karnataka has decided to allow all industries located outside COVID-19 containment zones to operate from May 4, Chief Minister BS Yediyurappa said Thursday, even as he cautioned that the coronavirus crisis may last another couple of months.

“We feel that the COVID-19 menace is reducing and coming under control in the state. In Bengaluru, not many cases have been reported in the last 3-4 days. If this continues, it’ll help us open up industries in and around Bengaluru also. We’ll wait for another 2-3 days,” Yediyurappa told reporters after chairing a meeting of the Cabinet.

Yediyurappa and Industries Minister Jagadish Shettar are scheduled to meet industry captains on Thursday evening to discuss resuming operations from May 4.

"It won't be a surprise if the corona continues for another 2-3 months. However, based on Prime Minister Narendra Modi's directions, stringent lockdown measures (at red zones) and reviving economic activity will go hand in hand," Yediyurappa said.

The Cabinet decided to allow one-time inter-state or inter-district movement of people and labourers stranded due to the Covid-19 lockdown. The move will also benefit students and others who want to return to their native states or districts.

The government will also allow people from Karnataka residing in other states to return only if they are tested negative for Covid-19, Law Minister JC Madhuswamy said. An official order for this will be issued by evening today.

"Expenses should be covered by those wishing to travel. The government is willing to arrange buses for their benefit," Madhuswamy said. The government will provide a license to anyone who wishes to go, he said.

Having relaxed norms for industries outside red zones to resume operations, Madhuswamy said that inter-district passes will be issued to the top management of these units to travel from their homes to workplaces.

Liquor outlets, saloons and restaurants will remain closed till May 3, after which the government will take a call based on directions issued by the Centre.

“Opening of malls and hotels is not an option before us right now. But all hotels can give parcels,” Yediyurappa said. “I’m confident that the PM will allow the resumption of all activities.

He has already said that corona (containment) and economic activities will have to go hand in hand. So, I’m expecting the Centre to make some favourable decisions,” he added.

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