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
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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News Network
June 4,2020

New Delhi, Jun 4: The Supreme Court on Wednesday sought response from Prajwal Revanna, the grandson of former Prime Minister HD Deve Gowda, on a plea challenging his election in 2019 from Hassan Lok Sabha constituency as a joint candidate of the Janata Dal Secular and the Congress.

A bench of Chief Justice SA Bobde and Justices AS Bopanna and Hrishiksh Roy issued notice to the returned candidate from the high-profile constituency on an appeal challenging the Karnataka High Court's order by which an election petition against his win was dismissed.

In the proceedings held through video-conferencing, the top court issued notice and tagged the appeal filed by G Devarajegowda for hearing with other similar pending plea filed by the BJP candidate on the issue.

Mr Devarajegowda in the plea said that his election petition was dismissed by the High Court on "procedural irregularities". The plea said that Mr Prajwal had resorted to unfair and corrupt practices and his election should be set aside.

It said the High Court did not consider the fact that by dismissing the election petition, it was running a risk of having a representative in parliament who has not got the maximum number of valid votes.

The petitioner, an advocate by profession, sought a declaration of rival BJP candidate, A Manju, as the winner for having secured the maximum number of valid votes.

A separate appeal was earlier filed by Mr Manju against the High Court order and the top court had already issued notice to the retuned candidate on that.

Mr Manju had challenged the 2019 election of Mr Prajwal on the ground that there was allegedly non-disclosure of assets held by him in his election affidavit.

Mr Prajwal was declared winner with 6,76,606 votes. Mr Manju came first runner-up with 5,35,282 votes.

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News Network
February 27,2020

New Delhi, Feb 27: Congress leader Priyanka Gandhi Vadra on Thursday attacked the government over the transfer of Delhi High Court Judge S Muralidhar, saying the Centre's attempts to "muzzle" justice and "break people's faith in an upright judiciary are deplorable".

Delhi HC Judge S Muralidhar was transferred to the Punjab and Haryana High Court, days after the Supreme Court collegium made the recommendation.

"The midnight transfer of Justice Muralidhar isn't shocking given the current dispensation, but it is certainly sad & shameful," Priyanka Gandhi tweeted. "Millions of Indians have faith in a resilient & upright judiciary, the government’s attempts to muzzle justice & break their faith are deplorable," she said.

The judge was hearing the Delhi violence case and the late evening notification came on the day when a bench headed by him expressed "anguish" over the Delhi Police's failure to register FIRs against alleged hate speeches by three BJP leaders.

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