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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Agencies
July 16,2020

New Delhi, Jul 16: A group of 174 Indian nationals, including seven minors, has filed a lawsuit against the recent presidential proclamation on H-1B that would prevent them from entering the United States or a visa would not be issued to them.

Judge Ketanji Brown Jackson at the US District Court in the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

The lawsuit was filed in the US District Court on Tuesday.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H4 visas or admitting new H-1B or H-4 visa holders as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

In his presidential proclamation on June 22, Trump temporarily suspended issuing of H-1B work visas till the end of the year.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor," said the proclamation issued by Trump.

In his proclamation, Trump said the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 per cent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till year-end his previous executive order that had banned issuance of new green cards of lawful permanent residency. Green Card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job in any sector of the economy, Trump said.

Forbes, which first reported the lawsuit filed by the Indian nationals, said the complaint points out that the Congress specified the rules under which H-1B visa holders could work in the US and balanced the interests of US workers and employers.

"The complaint seeks to protect H-1B professionals, including those who have passed the labor certification process and possess approved immigrant petitions. Such individuals are waiting for their priority date to obtain permanent residence, a wait that can take many years for Indian nationals," Forbes reported.

Meanwhile, several lawmakers urged Scalia on Tuesday to reverse the work visa ban.

"Throughout this administration, the president has continued to lament the alleged abuses of the immigration system while failing to address the systemic problems that have persisted and allowed businesses and employers to exploit and underpay immigrant workers, guest workers and American workers," the lawmakers wrote.

"This misguided attempt by the president to scapegoat immigrants for policy failures during the pandemic not only serves to hurt immigrants, but dismisses the true problem of a broken work visa program that is in desperate need of reform," said the letter, which among others was signed by Congressmen Joaquin Castro, Chair of the Congressional Hispanic Caucus; Bobby Scott, Chair of the Education and Labor Committee; Karen Bass, Chair of the Congressional Black Caucus; Judy Chu, Ra l Grijalva, Vicente Gonzalez, Yvette Clarke and Linda S nchez.

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News Network
February 17,2020

Mumbai, Feb 17: The Shiv Sena on Monday said the ongoing preparation for the much awaited visit of US President Donald Trump is a reflection of the "slave mentality" of Indians.

Trump's India trip is like the visit of a "Badshah" (emperor), an editorial in Sena mouthpiece 'Saamana' said.

Taking a dig at the construction of a wall on a plot having several slum structures in Ahmedabad ahead of Trump's visit there, the Sena said the US president's trip would neither stop the fall of rupee's value in forex market nor offer betterment to those (slum dwellers) behind the wall.

"Before Independence, British King or Queen used to visit one of their slave nations like India. The kind of preparations going on from taxpayers' money for the arrival of Trump is similar to it. This reflects the slave mentality of Indians," it said.

The Sena also took a swipe at Prime Minister Narendra Modi over the Ahmedabad Municipal Corporation's (AMC) move to build wall on a plot to "hide the slums" on the route through which Trump's convoy would pass.

"Former prime minister Indira Gandhi had once given the slogan 'Garibi Hatao', which was ridiculed for a long time. It seems now Modi's plan is 'Garibi chupao' (hide poverty)," the Marathi publication said.

Is there any financial allocation for such a wall being built in Ahmedabad? Is the US going to offer loan to India to build such walls across the country? it wondered.

"We have heard Trump is going to be in Ahmedabad for only three hours but the wall construction is costing almost Rs 100 crore to the state exchequer," it said.

It is basically a political arrangement between Prime Minister Modi and US President Trump, the Sena claimed.

Last year, 'Howdy, Modi!' (a mega event jointly addressed by the Indian prime minister and Trump) was organised in the US, it noted.

A similar programme, "Kem Chho Trump" (Gujarati expression for how are you Trump), has been now organised (in Ahmedabad) ahead of the US elections, chiefly because of a sizable number of Gujarati people living in America, the Shiv Sena claimed.

"But this visit of President Trump is neither going to stop further fall of rupee in the forex market nor offer betterment to those behind the wall (being built in front of slums in Ahmedabad)," it said.

The Sena said Trump is "not someone very wise or a statesman or someone who cares for the whole world", but he has to be treated with respect as he represents the mighty US.

"Sometimes you have to treat someone with respect to get your things done," it quipped.

The AMC on Friday said the construction of the wall, around four feet in height, was approved much before Trump's Gujarat visit was finalised.

Trump is scheduled to visit Modi's home state Gujarat on February 24.

He will visit the famous Sabarmati Ashram in Ahmedabad and take part in a roadshow with Modi. After that, the two leaders will inaugurate a new cricket stadium in Motera and address a gathering there, with an expected audience of over a lakh people.

While it was earlier speculated that the programme would be called 'Kem Chho Trump', the Ahmedabad Municipal Corporation on Sunday tweeted a series of posters confirming that the event is now christened as 'Namaste Trump', apparently to give it a pan-India appeal.

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coastaldigest.com news network
June 23,2020

Mangaluru, June 23: G Jagadeesha, deputy commissioner of Udupi, who is heading the magisterial inquiry into the December 19 police firing case in Mangaluru, has sought more time from the government to submit the report.

Two innocent passersby - Nauseen Kudroli (49) and Abdul Jaleel Bengre (23) - were killed when policemen opened fire randomly after caning the alleged anti-CAA protesters in Mangaluru. 

The chief minister B S Yediyurappa led Karnataka state government had commissioned two inquires, one magisterial and the other CID, into the incident. 

“Due to the covid-19 pandemic the probe couldn’t be complete on time. I have asked the government for more time. Two more hearings are to be conducted,” said Mr Jagadeesha, who was expected to submit the report before the government on Tuesday.

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