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
April 22,2020

Newsroom, Apr 22: Dozens of Tablighi Jamaat members from across the country who have been successfully recovered and have now tested negative for the novel coronavirus have come forward and donate their plasma for the treatment of Covid-19 patients.

The Tablighis from Tamil Nadu were the first to take this decision. According to them, apart from helping the critically ill patients to recover from COVID-19, was to counter the ‘baseless accusations’ that Tablighis were responsible for the spread of the virus following the religious congregation of the sect held at Delhi’s Nizamuddin area last month.

Mohammad Abbas, a thirty-eight year old businessman from Tiruppur was on Sunday discharged from Coimbatore’s ESI hospital. “As soon as I got discharged, I met the district administration officials and the dean of the hospital and told them that they may contact me anytime if they needed me to donate my plasma,” Abbas was quoted as saying by an English daily.

“It has only been one day since I was discharged but I’ve already spoken to others (from the Jamaat) who have recovered and they were all ready to donate,” he added. 

Leader's call

Maulana Saad Kandhalvi, a prominent leader of Tablighi Jamaat, who has been booked by the Delhi Police for holding a religious congregation, too has appealed to coronavirus survivors to donate blood plasma for infected people.

In a letter issued on Tuesday, Saad said most of the members who were quarantined did not have any infection and they tested negative for COVID-19.

"Even from amongst the ones who tested positive for the disease, a majority of them have now undergone treatment and are now cured while I and a few others are still under quarantine.

"It is required that such people who are now cured of this disease should donate blood plasma to others who are still fighting the disease and are under treatment," he said.

He also has urged the followers of the organisation to pray at home in the month of Ramadan instead of going to mosques. 

Plasma therapy

Convalescent Plasma Therapy is an experimental procedure for COVID-19 patients.

In this therapy, the antibodies of a person who has recovered from the virus are taken and transfused into a sick person (having the virus) to help boost the person’s immune system.

The recovered COVID-19 patient’s blood develops antibodies to battle against COVID-19.

Once the blood of the first patient is infused to the second patient, those antibodies will start fighting against the coronavirus in the second person.

The process for donating plasma is similar to donating blood and takes about an hour.

Several countries around the world including the United Kingdom and the United States have also started plasma therapy trials.

In India, several states like Kerala, Gujarat and Punjab have already started using Plasma Therapy for the corona-infected patients.

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News Network
May 12,2020

Bengaluru, May 12: In a scathing attack on the ruling BJP in Karnataka and warning the Chief Minister B S Yediyurappa government against any move to amend the Labour laws and APMC through an ordinance, former chief minister and JDS leader H D Kumaraswamy on Tuesday asked Mr Yediyurappa to work in the interest of the people and not to budge under any pressure from the Centre or to please party bosses.

Speaking to media here on Tuesday he questioned the urgency to bring forward such ordinances on important subjects and asked the government to have a public debate on it and also discuss it in the assembly.

“I'm warning the government… I have been watching everything silently till now, I have not caused any embarrassment to the government. I want to tell the government, don’t push us to do it,” Kumaraswamy said

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News Network
June 3,2020

Bengaluru, Jun 3: Kempegowda International Airport in Bengaluru on Tuesday intensified preventive measures to contain the spread of COVID-19 in a bid to make air-travel contactless.

The airport has introduced contact-less self-check-in kiosks, non-intrusive thermal cameras, self bag drop facility and other features.

Bangalore International Airport Limited (BIAL) had earlier said that it will ensure that the taxis are sanitised and the drivers are screened before every trip to eliminate all chances of infection.

"Drivers have been instructed to maintain a safe distance. They will be encouraged to use hand sanitiser and face masks to make the car a safe space. Able-bodied passengers are advised to load their luggage into the car without the driver's assistance. For elderly citizens and passengers with reduced mobility, drivers will assist while following hygiene measures," BIAL statement had said.

The masks have been made mandatory for both drivers as well as passengers.

Karnataka on Monday reported 187 new cases of coronavirus, with which the State's total COVID-19 count has surged to 3,408.

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