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
June 12,2020

Bengaluru, Jun 12: The Karnataka government is mulling to issue caste and income certificates to Brahmins though they are in a minority, accounting a mere three per cent of the southern state''s seven crore population, an official said on Thursday.

"Though Brahmins are in a ''minority'' in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes as in the case of the SC, ST and OBC groups," an official said here.

The Karnataka State Brahmin Development Board was set up in March 2019 as a state-run company with Rs five crore authorized capital and Rs five crore equity and is registered with the Registrar of Companies.

"The Board has petitioned the state government to implement the 10 per cent quota for the economically weaker sections, as its benefit is being given by the central government jobs and in admissions to the national educational institutions," said its chairman H.S. Sachidananda Murthy.

Responding to the demand, state Chief Minister B.S. Yediyurappa said the state government would consider issuing caste certificates to the Brahmins so that they too can benefit from the state''s various welfare schemes.

"Though Brahmins belong to the forward community, they are economically weaker and need financial support," said Yediyurappa on Wednesday after unveiling the Board''s official website for all its stakeholders here.

Brahmins whose gross annual family income is less than Rs eight lakh per annum will be eligible for the benefit schemes.

"The Board will soon be authorised to issue caste and income certificates to the members of the Brahmin community so that they can also benefit from the schemes," said the chief minister on the occasion.

Noting that every community has people who are forward and backward economically for various, including historical reasons, Yediyurappa said the Board would be empowered to serve the Brahmins.

"The Board also proposes to provide interest-free loans to the financially weaker sections of the people in the Brahmin community," added Murthy.

The community members urged the Chief Minister to provide 10 per cent of the state government jobs and seats in state-run educational institutions, including professional collages.

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News Network
January 10,2020

New Delhi, Jan 10: One woman reported a rape every 15 minutes on average in India in 2018, according to government data released on Thursday, underlining its dismal reputation as one of the worst places in the world to be female.

The highly publicised gang rape and murder of a woman in a bus in New Delhi in 2012 brought tens of thousands onto the streets across India and spurred demands for action from film stars and politicians, leading to harsher punishments and new fast-track courts. But the violence has continued unabated.

Women reported almost 34,000 rapes in 2018, barely changed from the year before. Just over 85% led to charges, and 27% to convictions, according to the annual crime report released by the Ministry of Home Affairs.

Women's rights groups say crimes against women are often taken less seriously, and investigated by police lacking insensitivity.

"The country is still run by men, one (female prime minister) Indira Gandhi is not going to change things. Most judges are still men," said Lalitha Kumaramangalam, former chief of the National Commission for Women.

"There are very few forensic labs in the country, and fast-track courts have very few judges," said Kumaramangalam, a member of Prime Minister Narendra Modi's Bharatiya Janata Party (BJP).

The rape of a teenager in 2017 by former BJP state legislator Kuldeep Singh Sengar gained national attention when the accuser tried to kill herself the following year, accusing the police of inaction.

Five months before Sengar was convicted last December, the accuser's family had to be provided with security after a truck crashed into the car she was in, injuring her and killing two of her relatives.

A 2015 study by the Centre for Law & Policy Research in Bengaluru found that fast-track courts were indeed quicker, but did not handle a high volume of cases.

And a study in 2016 by Partners for Law in Development in New Delhi found that they still took an average of 8.5 months per case - more than four times the recommended period.

The government statistics understate the number of rapes as it is still considered a taboo to report rape in some parts of India and because rapes that end in the murder are counted purely as murders.

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News Network
February 22,2020

Belagavi, Feb 22: A madrasa in Karnataka’s Belagavi district hosted a Hindu-Muslim mass marriage on its premises on Friday, sending a strong message of communal amity. As many as 76 Muslim couples and 25 Hindu couples entered marital life on the occasion.

Madarsa Al Arabia Anwarul Ulooma, an Islamic religious institute in Bailhongal, 50km from Belagavi district headquarters, played host to the event that was organised by Jamia Faizan-ul-Quran and Issa Foundation, which has conducted mass marriages on a bigger scale in Gujarat.

The mass marriage comes a month after the 100-year-old Cheravally Jamaat Masjid in Kerala’s Kayamkulam in Alappuzha hosted a Hindu wedding, complete with a vegetarian feast for 4,000 people. A Hindu priest led the rituals, and the couple sought the blessings of chief imam Riyasudeen Faizy of the mosque.

At Bailhongal, moulvis and pontiffs led the marriage proceedings and asked the couples to read passages from Quran and Bhagvad Gita.

The Hindu couples were gifted a copy of the Gita, and newly-married Muslim couples received a copy of Quran. The organisers provided each Hindu bride a mangalsutra. Bailhongal MLA Mahantesh Koujalagi blessed the couples at the event, which was attended by more than 4,000 people.

Mohammad Rafique A Naik, a member of Jamia Faizan-ul-Quran, said they have gifted each couple a refrigerator, an almirah and a tailoring machine. Ranjita Kalala, a bride who married a daily-wage labourer, said her family couldn’t afford the cost of a wedding, adding, “When we learnt about the Bailhongal madrassa’s plan, we agreed to sign up because it also sends out a message of communal harmony.”

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