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 7,2020

Jan 7: A Delhi Court today issued death warrant against four convicts in the 2012 Nirbhaya gang-rape and murder case. The hanging will take place on January 22 at 7 am.

During the hearing, the prosecution said there was no application pending before any court or the President right now by any of the convicts and the review petition of all the convicts was dismissed by the Supreme Court.

On Monday, the court had reserved order on issuing of death warrants against four death row convicts.

Today's order comes days after mother of the victim in the 2012 Delhi gang-rape and murder case moved the Supreme Court on opposing the plea filed by one of the four death-row convicts seeking review of its 2017 judgement awarding him death penalty.

The apex court had on July 9 last year dismissed the review pleas filed by the other three convicts — Mukesh (30), Pawan Gupta (23) and Vinay Sharma (24) — in the case, saying no grounds have been made out by them for review of the 2017 verdict.

The 23-year-old girl was gangraped and murdered by six men on a moving bus on 16 December 2012. The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of the commission of the crime and was sent to a reform facility and released after three years.

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News Network
April 7,2020

Bengaluru, Apr 7: With reporting of 12 positive cases of COVID-19 since last evening, including three women, the total number of confirmed cases in Karnataka increased to 175, including four deaths.

According to official sources, while three fresh cases of COVID-19 were reported from Bengaluru, two each had been reported from Bagalkot, Kalaburagi and Mandya, followed by one each at Gadag and Bengaluru Rural districts.

After a gap of over three weeks, two more fresh cases had been reported from Kalaburagi, which had reported the first death of the country.

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News Network
May 1,2020

Mysuru, May 1: Four people who brought a dead man’s body from Mumbai for cremation in his native place in Mandya district in Karnataka have tested positive for Covid-19 virus, and now the administration is trying to find out if the man himself had been an undetected positive.

According to Mandya district deputy commissioner M V Venkatesh, the deceased man was a 53-year-old native of B Kodagalli of Pandavapura taluk, Melkote hobli in Mandya district. He died after suffering a heart attack at the U N Desai government hospital in Mumbai on April 23.

The cremation took place outside the man's native village after the local administration refused to allow it inside the village.

Wanting the final rites performed in his native place, the man’s family got the body embalmed and procured all the medical records and certificates from the hospital and brought it in an ambulance belonging to the Desai government hospital.

When they reached Pandavapura taluk in Karnataka on the evening of April 24, the local administration did not allow the body to enter the village but allowed the relatives to cremate it outside the village.

And since the family had come from Mumbai, the district administration quarantined all seven of the man’s relatives, and their samples were sent for testing on 28 April.

The results showed that the deceased man’s 25-year-old son, daughter-in-law, daughter, and two-year-old grandchild are positive for Covid 19. All of them have been admitted at the Mandya Institute of Medical Sciences although they have no symptoms.

Deputy commissioner Venkatesh said that in the Desai hospital records in Mumbai there was no mention whether or not the man had been tested for Covid-19. “We are writing to Desai hospital to clarify if the deceased person was tested for Covid 19. It is also possible that the family got infected by the man’s son who works in the loan department of ICICI Bank in Mumbai and visits several offices in different areas of Mumbai,” he said.

The man’s ancestral B Kodagalli village now has been sealed off. Though tests done on other members of the family have come back negative, the Mandya administartions plans to repeat their tests.

So far 26 people have tested positive for Covid 19 in Mandya district.

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