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
January 7,2020

Bengaluru, Jan 7: Slogans of ‘Inquilab Zindabad’ rent the air at Town Hall on Monday evening as thousands of students, social activists, lawyers, doctors and theatrepersons among others staged a protest to denounce Sunday’s attack on the students and faculty of New Delhi’s Jawaharlal Nehru University (JNU).

“This is unacceptable. As students living in hostels, we are now worried about our safety,” said Prakruthi Kishore, a student of National Law School of India University (NLSIU), Bengaluru.

Rishi Kumar, a student of Indian Institute of Science, pitched in. “JNU is an extremely protected university located in the national capital. It’s surprising that such an incident occurred amid tight security.”

Delhi police and the government need to wake up and take stringent action against the goons, Kumar said, adding: “Students can’t be treated like puppets. The government needs to act immediately.”

“The government is behaving shamelessly by sending goons to threaten students and professors of JNU,” said Alokanath Pandit, a lawyer.

With “Zor se bolo-azadi, tum din me maaro-azadi, hum raat me ayenge-azadi,” drowning the cacophony of traffic at the intersection, the sloganeering reached a crescendo around 6pm as the protesters raised their hands in a show of solidarity with the beleaguered JNU community.

Theatrepersons Prasanna and Arundathi Nag, farmer leader Kodihalli Chandrashekar and social activists Tara Krishnaswamy and Srinivas Alavilli were present at the protest venue. “It is not fair that educational institutions are now becoming the target. First, they hiked fees and now they are attacking students. What is the government doing,” Arundathi asked.

“JNU has always been an institution which has raised its voice against atrocities across the country as its students harbour no fear. This is an alarm bell for the country and the government to wake up. Students are the future and can’t be targeted,” she added.

Chandrashekar said Narendra Modi is unfit to be the Prime Minister as he doesn’t keep his word. “Modi said he will help farmers but has done nothing for them. He said he will provide employment to students but is now making them furious,” he said.

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News Network
March 30,2020

Belgaum, Mar 30: As many as 2442 labourers hailing from Karnataka have been brought back in 62 buses by the State government from Maharashtra on Sunday, in the backdrop of nation-wide lockdown following COVID-19 outbreak.

Maharashtra Chief Minister Uddhav Thackeray on Saturday urged migrant labourers not to leave the State owing to the nationwide lockdown and assured that the Maharashtra government will look after their interests.

Hundreds of migrants, a majority of whom are daily wage workers started rushing to their native places from different states amid uncertainty over their livelihood following the announcement of a 21-day nationwide lockdown by Prime Minister Narendra Modi last week in order to contain the spread of novel coronavirus.

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News Network
May 29,2020

New Delhi, May 29: More than 38,000 doctors, including those retired from the Armed Forces Medical Services, have volunteered to help the government in its fight against COVID-19 pandemic, a senior official said on Friday.

On March 25, the government had made an appeal to doctors, including the retired ones, to come forward and join the efforts to fight the pandemic.

"38,162 volunteer doctors, including retired government, Armed Forces Medical Services, public sector undertaking or private doctors have signed up with the government to battle COVID-19 pandemic," the official said.

The official further said Niti Aayog has sent a list of names of these doctors to Ministry of Health and Family Welfare and National Disaster Management Authority (NDMA).

In a statement posted on Niti Aayog's website on March 25, the government had said those who wish to contribute to this noble mission may register themselves through a link provided on the Aayog's website.

"The Government of India requests for volunteer doctors who are fit and willing to be available for providing their services in the public health facilities and the training hospitals in the near future.

"We appeal to such doctors to come forward at this hour of need. You could also be a retired government, Armed Forces Medical Services, public sector undertaking or a private doctor," the statement had said.

It had noted that in case the outbreak leads to a high number of infected individuals, India's public health facilities will face tremendous load to take care of a large number of patients.

Many countries, including the US, Italy, the UK and Vietnam, had also urged retired health workers to come back to work amid the pandemic.

The number of COVID-19 cases in India has climbed to 1,65,799, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry on Friday said the death toll due to COVID-19 rose to 4,706 in the country.

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