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 17,2020

Mangaluru, Jan 17: A poultry truck transporting chickens overturned on Friday at Perne village near Uppinangady on Mangaluru-Bengaluru National Highway, killing 200 of them.

Police said that the truck was headed towards Mangaluru from Uppinangady when the truck driver lost control of the vehicle causing it to topple. As many as 200 chickens were killed in the mishap.

Another vehicle was later used to transport the remaining chickens.

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Media Release
May 6,2020

Mangaluru, May 6: The Kanara Chamber of Commerce and Industry has urged the government to consider erstwhile undivided Dakshina Kannada (now DK & Udupi) as one unit for the purpose of movement of people. KCCI president Isaac Vas has written a letter to Karnataka chief secretary T M Vijay Bhaskar in this regard. 

Mr Vas said: Even though the erstwhile Dakshina Kannada district was bifurcated in 1997 for administration purposes, the two districts are actually an urban agglomeration with most of the population residing in suburbs/towns. Office Staff, technical crew and labour of many industries reside in either district and commute daily for work within an efficient transport system.

The present restriction on Inter-district movement in view of the Lockdown is hindering the kick starting of industries and commerce. Workers are deprived of their livelihood and Industry and business owners are finding it challenging to move forward. To add to this, the migrant labour is moving back to their native places further aggravating the situation. Many Industries and Commercial establishments have requested us to take up this matter with the government, he said.

“Hence, we kindly request you to consider these two districts as one geographical area for the movement of people and private vehicles,” he said adding that this would facilitate movement of people for employment and business in either districts of Dakshina Kannada & Udupi.

He pointed out that Bangalore Rural, Bangalore Urban, Ramanagara, Chikkaballapur and Kolar are considered as a single unit as per your order No. RD158/TNR 2020 dt 03/05/2020 (Clause 2(a)).

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News Network
July 8,2020

Bengaluru, Jul 8: In yet another revenue generation measure, the Revenue department has issued an order permitting the sale of government land leased to various religious, industrial and other organisations.

Officials say that around Rs 2,250 crore will be generated in Bengaluru Urban district alone, if the order is implemented.

While rules for the process are yet to be formed, it has directed deputy commissioners of various districts to submit proposals for the sale of such lands leased by the government to various institutions under the Karnataka Land Grant Rules, 1969. The order came after a recent Cabinet decision. 

The order issued on July 6 says that government lands leased to private organisations, trusts, industries, educational, social welfare, religious and agricultural purposes can be regularised by paying the guidance value of the land, provided the organisation continued to use the land for the same purpose it was granted for.

If an organisation or trust wanted to convert the land for other purposes, it will be charged twice the guidance value. According to the order, land leased to organisations that are unwilling to purchase the land will be surveyed. “DCs should initiate measures to survey such lands and recover the unused land to the government,” it said.

Revenue Principal Secretary N Manjunath Prasad told DH that rules for the sale of such lands will be formulated shortly. “We have directed deputy commissioners to compile the extent of land leased to various organisations in their respective districts,” he said, noting that 921 acres were leased to private parties in Bengaluru Urban district.

From the 921 acres, the state government used to receive an annual rent of Rs 6.50 crore per year. Sale of leased land in Bengaluru Urban alone will generate around Rs 2,250 crore at current guidance values, Prasad said. 

The government is also pushing for regularisation of unauthorised buildings on Bangalore Development Authority (BDA) land and auction of corner sites to mobilise resources due to the severe economic difficulties in the wake of the Covid-19 pandemic and the state’s reduced share in central taxes.

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