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
July 6,2020

New Delhi, Jul 6: India's COVID-19 tally neared the 7 lakh mark with 6,97,413 cases after 24,248 new cases were reported in the last 24 hours, said the Union Ministry of Health and Family Welfare.

As per the Health Ministry, there are 2,53,287 active cases in the country while 4,24,432 patients have been cured or discharged. While one patient has migrated.

425 new deaths were reported in the last 24 hours in the country due to COVID-19, taking the number of patients succumbing to the deadly virus to 19,693.

As per the Health Ministry, Maharashtra continues to be the most impacted state from the infection with 2,06,619 cases and 8,822 fatalities due to the virus. Tamil Nadu in second place has a total of 1,11,151 cases and 1,510 fatalities.

The national capital's COVID-19 cases are also nearing the 1-lakh mark with 99,444 coronavirus cases and 3,067 deaths.

The total number of samples tested up to July 5 is 99,69,662 of which 1,80,596 samples were tested yesterday, informed the Indian Council of Medical Research on Monday. 

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April 25,2020

New Delhi, Apr 25: Karnataka Medical Education Minister Dr K Sudhakar on Saturday said that a journalist from Bangalore Urban, who has tested positive for COVID-19, is one out of 15 new cases reported in the state.

He further said that out of the 15 new coronavirus cases, six each are from Bangalore Urban and Belagavi and one each from Mandya, Chikkaballapura and Dakshin Kannada. The state's tally is now 489.

"#COVID19 Update: From 5 pm, 24th April till 12 noon today. A total of 489 cases, 15 positives, 18 deaths & 183 discharges," Sudhakar tweeted.

India's total number of coronavirus positive cases has climbed to 24,506 including 18,668 active cases, 5,063 cured/discharged/migrated and 775 deaths, the Ministry of Health and Family Welfare said today.

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coastaldigest.com news network
January 9,2020

The Bharatiya Janata Party workers belonging to Muslim community are bewildered over the contentious Citizenship Amendment Act. A considerable number of BJP’s Muslim workers have distanced themselves from the pro-CAA meetings being organised by the party in different parts of India.

There is a deep divide within members of the BJP minority wing, with many upset and angry with the party. During its membership drive in 2018 for the minority wing, BJP had enrolled lakhs of Muslims across India.

A senior Muslim member of the saffron party in Hyderabad explained, “We are very upset. There is no one listening to us within the party. Majority of the members are introspecting on their future role in the party. Few are vocal about it. Those, who believe they still have a future in the party, have decided to keep quiet on this issue.”

This is the reason why they are not attending the pro-CAA rallies or interacting with people. If anybody approaches and questions them about CAA, they maintain they have no idea, just like the common man. A member of the BJP belonging to the minority community says they have been hurt by the decision of the government on CAA.

“Shia Muslims in Pakistan are suffering. They have been targeted in that country from time to time. The BJP patronised a large number of Shia Muslims. The Shia community in Uttar Pradesh even sided with the BJP. But what has the community got in the end? The persecuted Shia minorities in Pakistan have not got justice,” the party member from minority community lamented.

There are 400 families belonging to the Shia community in Hyderabad, who have relatives in Karachi and Quetta in Pakistan. These Shias had migrated to Pakistan from the Nizam state after its accession to India. These families were hopeful that after aligning with BJP, there would be a reprieve for them. But the stand taken by BJP has left them in lurch. The CAA provides for granting Indian citizenship only to non-Muslim minorities from Pakistan, Afghanistan and Bangladesh.

“We have been left with nothing. Shias have not been politically active in all the three countries of India, Pakistan and Bangladesh and have suffered due to this reason. There was some hope in India, but even that has been lost now,” the minority wing leader remarked.

National vice president of BJP minority cell Farid Sheikh Liaquat Ali says, “Party workers and common people are asking the same question.”

I have told them what union home minister Amit Shah has said in Parliament, that CAA is not against Indian Muslims. But people are not convinced. Every meeting or social function that I attend, I find that people are angry and upset. I have been with the BJP for 33 years and whatever I hear from the people is being conveyed to the party.”

The incident that occurred at the madarasa in Uttar Pradesh has led to a pointed question: “If this can happen to Muslims in UP, will it not repeat elsewhere?”

Comments

Abdullah
 - 
Wednesday, 22 Jan 2020

Dears, how can yu be safe if you are in a cage of dragons + mad dogs + jackals.  Yu betrayed your own community and religion.   You sold yuorself to the enemies for some coins.  Shame on you.  Allah will never accept this and you will get proper treatment.   Sanghis never have trust and courtsey on minorities, dalits, obcs etc.   Dont ever expect anything from these hate guys.  They killed our Father of Nation and you are nothign to them.   They will stab you in your back.   They are misusing you to cheat muslim community.    May be you joined b jp thinking you will get 15 lacs.  You will not get their shit also coz they will use it also.   May Allah bless you with right way of thinking and keep you aware of these anti nationals.  

Prakash SS
 - 
Thursday, 9 Jan 2020

Well done.........Jaise Ko thaisa Mila........Kaisa Maza Ayaa....Now all will come to know about RSS laid BJP this party is not for minor community and poor backward people, this is a party of goondas and criminals, not only Muslims if BJP will be in power even Hindus will not be safe.  we will suffer maximum damage wehen we understand this fact. plesae.... we all have to wake up now. 

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