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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coastaldigest.com news network
May 6,2020

Mangaluru, May 6: Amidst preparation for the paid evacuation of Indians stuck in Gulf countries amidst coronavirus lockdown, the central government has announced that it would only do a medical screening of the passengers before the flight and only asymptomatic persons would be allowed to travel.

Each passenger will have to fill a self-reporting form to be presented at the health and immigration counter at their destination.

The passengers are required to state whether they are suffering from fever, cough, diabetes or any respiratory disease. This form is similar to the one filled by passengers landing in India during the early days of the COVID-19 outbreak.

As per the announcement by the government, returnees would undergo COVID-19 once they complete 14-day quarantine in a hospital or government –arranged institution on a payment basis.

However, the form asks the applicants to keep themselves isolated at home for 28 days unless they develop any symptoms such as fever and cough.

During the journey, they will have to follow the protocols such as those issued by the Health Ministry and the Civil Aviation Ministry. Applicants from the UAE are yet to receive instructions on these.

On reaching the destination, passengers will have to register on the Arogya Setu app, India’s mobile application for COVID-19 surveillance.

No physical distancing!

Air India Express (AIE) which is set to operate the first two flights to Kerala on Thursday will operate its Boeing 737-800 flights, with a seating capacity of 186 economy class seats.

With nine seats reserved for isolation, only 177 passengers would be flown, sources said.

While most of the UAE flights in the first week will be operated by the AIE, Air India will operate two of its Dreamliner aircraft with a seating capacity of 256 seats. These flights would also reserve some seats for isolation.

However, the plan has made it clear that the Indian government will not be following the rules of physical distancing to prevent the spread of coronavirus in the repatriation flights.

Several people, including the Chief Minister of Kerala Pinarayi Vijayan, expressed concern over flying passengers, who will not be tested for COVID-19, without observing physical distancing.

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News Network
July 8,2020

Bengaluru, Jul 8: In a setback to the State government, the Karnataka High Court on Wednesday stayed the initial ban and the subsequent restrictions imposed on schools against conducting online classes from pre-primary to Class X.

Prima facie the ban and embargo imposed on online education violate Articles 21 and 21A of the Constitutionon the fundamental right to education, the Court said.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Nataraj Rangaswamy passed the interim order staying the operation of Government Orders issued on June 15 and June 27 respectively.

The Bench passed the interim order on the petitions filed by parents of children and several educational institutions questioning the legality of the ban and the restrictions imposed.

However, the Bench made it clear that this order should not be construed that the schools have right to make online education compulsory and can charge fee for offering online education. Also, the schools should not deprive students, who cannot opt for online education, the lost education when the schools reopen on regular basis.

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News Network
April 14,2020

Bengaluru, Apr 14: 11 more COVID-19 cases have been reported in Karnataka since 5 pm Monday, informed the state government on Tuesday.

The total number of coronavirus positive cases in the state now stand at 258, including 9 deaths and 65 discharged.

To check the spread of the highly contagious coronavirus, the 21-day lockdown announced last month has been extended by the Centre till May 3.

Meanwhile, India's total number of coronavirus positive cases has climbed to 10,363 including 8,988 active cases, 1,035 cured/discharged/migrated and 339 deaths, the Ministry of Health and Family Welfare said today.

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