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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 9,2020

New Delhi, Apr 9: Kerala opposition coalition United Democratic Front on Thursday submitted a roadmap to Prime Minister Narendra Modi for staggered lifting of ongoing lockdown due to COVID-19 pandemic.

The coalition led by leader of opposition Ramesh Chennithala has given a set of recommendations to Modi in this regard, which include those made by an expert committee headed by deputy leader of opposition M K Muneer.

The committee was set up to suggest measures to be taken by the government for smooth transition from lockdown to normalcy.

It listed an eight-point exit strategy for removing lockdown in a staggered approach at a district level, with emphasis on hotspots to avoid further spread of virus and ensure smooth restart of economy.

This approach is tuned to the unique needs of each district and all the districts should also be categorised as per their risk levels, the report said.

The report has also been submitted to chief ministers of all states, former prime minister Manmohan Singh, Congress president Sonia Gandhi, senior Congress leader Rahul Gandhi among others.

The committee recommended that COVID-19 rapid testing must be enhanced across the country and the testing target be widened to 500 tests per one lakh population.

"A step-by-step approach is necessary for each sector along with conditions that need to be considered for each sector," the report said.

"There is a need for a comprehensive economic stimulus package in addition to the ones already announced after considering all the industries," it added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 26,2020

New Delhi, Feb 26: Calling the recent violence in Delhi as 'planned conspiracy', Sonia Gandhi on Wednesday demanded Union Home Minister Amit Shah's resignation over the clashes that left 20 people dead in two days.

"CWC (Congress Working Committee) believes Home Minister and Centre is responsible. The Home Minister should tender his resignation with immediate effect," the Congress party's interim chief told reporters here.

Violent clashes erupted between pro and anti-CAA groups in parts of northeast Delhi on Monday, leading to widespread vandalism and arson for over two days.

While many blamed police for inaction to control the mobs, Union Home Minister Amit Shah met the top brass of Delhi Police, Chief Minister Arvind Kejriwal, LG Anil Baijal and directed the officials to control the situation.

Gandhi blamed both the Central and the Delhi governments, saying the administration did not take adequate steps on time to curb violence in the national capital.

"Chief Minister Arvind Kejriwal and Center is equally responsible for not activating the administration to reach out to the people to maintain peace and harmony," Sonia added.

The death toll in the violence rose to 20 on Wednesday, according to GTB hospital authorities.

Government sources told ANI that the National Security Advisor (NSA) Ajit Doval has been given the charge of bringing normalcy in the capital.

Sources also said that Doval will brief Prime Minister Narendra Modi and the Cabinet about the prevailing situation.

The NSA last night visited Jaffrabad, Seelampur and other parts of northeast Delhi where he held talks with leaders of different communities.

Without naming any leader, the Congress interim president also targeted the leaders of the Bharatiya Janata Party for making inflammatory statements saying that "there is a conspiracy behind the violence, country also saw this during Delhi elections. Many BJP leaders made inciting comments creating an atmosphere of fear and hatred."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 11,2020

Bengaluru, Jan 11: The Chief Justice of India Justice Sharad Arvind Bobde on Saturday inaugurated the phase-1 of the new building of the Karnataka Judicial Academy on Crescent Road in Bengaluru.

The new building has three floors, besides, the ground floor and two basement floors.

While Chief Minister B S Yediyurappa inaugurated the 319-seater multi-purpose auditorium, at which Chief Justice of the High Court of Karnataka Justice Abhay Shreeniwas Oka felicitated Justice Bobde.

Justice Ravi Malimath, President of the Karnataka Judicial Academy and Judge of the High Court of Karnataka, in his welcome address said that the academy has so far trained as many as 4000 judicial officers and striving for excellence in the field of judiciary.

The building, built in the first phase, has parking in the lower and the upper basement, which can accommodate 44 cars and 124 two-wheelers, the ground floor consists of a 319-seater multi-purpose air-conditioned auditorium, a lecture hall with 84 seats, two lecture halls with 40 seats each and a VIP lounge. The First Floor has a lecture hall with 84 seats, two lecture halls with 40 seats each, a VIP lounge, two discussion rooms and an administrative office for the staff of the academy.

The second phase, to be built has a parking facility for 36 four-wheelers and 22 two-wheelers in the lower basement and 32 four-wheelers and 30 two-wheelers in the upper basement.

The total cost of the project, including Phase-1 and Phase-2, to be executed by the Public Works Department in the sprawling 2.2 acres plot of the Karnataka Judicial Academy is around Rs 96.02 Crore.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.