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 3,2020

New Delhi, Feb 3: Congress leader BK Hariprasad on Monday condemned BJP MP Anantkumar Hegde's remark on Mahatma Gandhi and termed him as "son" of Nathuram Godse, the assassin of the freedom fighter.

"Only sons of Nathuram Godse can make such comments on Mahatma Gandhi," Hariprasad said.

Hedge had attacked Mahatma Gandhi by calling the freedom struggle led by him a "drama" and also questioned as to how "such people" come to be called 'Mahatma' in India.

"None of these so-called leaders were beaten up by the cops even once. Their independence movement was one big drama. It was staged by these leaders with the approval of the British. It was not a genuine fight. It was an adjustment freedom struggle," he had said.

The Trinamool Congress also lent its support to Congress as its leader Saugata Roy said people like Anant Hegde cause shame to the nation. "We are a supporter of Gandhi and they (BJP) are Nathuram Godse supporters. People of this country should see how BJP MPs are as they insult father of the nation," he added.

BJP leaders too found it difficult to defend Hegde on the controversial remarks.

Senior leader Jagdambika pal was cautious in his defence and said, "The whole world knows about Gandhi and it may be his personal opinion."

Whereas senior BJP leaders avoid commenting on Hegde, Union Minister Ashwani Choubey said that Hegde should not have made the comment and added that Gandhi is a well-respected figure in the nation.

Another BJP MP from Haryana Sanjay Bhatia also tried to shy away from making a direct comment and instead said," Congress did not implement what Gandhi preached. It is Prime Minister Narendra Modi who implemented Gandhi's teachings in letter and spirit."

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News Network
January 17,2020

Bengaluru, Jan 17: Chief minister BS Yediyurappa is likely to induct new ministers into his cabinet only after he returns from Davos, Switzerland, on January 25.

Yediyurappa will leave for Davos on January 19 to participate in the World Economic Forum’s 50th annual meet.

Sources say Yediyurappa is keen on expanding his cabinet before he leaves for Davos and is still trying to secure the green signal from BJP national president Amit Shah. However, Shah has cold-shouldered Yediyurappa’s several requests for a meeting to discuss the issue.

Shah is scheduled to visit Karnataka on January 18 to participate in a pro-Citizenship (Amendment) Act rally in Hubballi and the CM plans to corner him there. But, given the time constraint, Yediyurappa is likely to put off the exercise till he returns from Davos even if Shah extends approval.

“Even if Shah gives the green signal, Yediyurappa will have less than 24 hours to expand his cabinet,” a source said. “It is highly unlikely he will rush through the process of inducting ministers. Also, his presence is required to douse disgruntlement which is bound to arise once the new ministers are sworn in.”

The CM and the party high command are on different pages as far as cabinet expansion is concerned. While Yediyurappa is hell-bent on keeping his promise of inducting all the newly elected MLAs, who switched from Congress and JD(S) to the BJP, Shah is keen on sharing vacant berths equally between loyal MLAs and the new entrants. There are 16 cabinet berths vacant.

Shah, sources said, is of the opinion that giving 12 berths to the turncoats will lead to heartburn among loyalists and it will impact the party’s prospects in the next election. “Moreover, he is of the opinion that none of the turncoats have mass appeal, nor do they have any administrative experience. This, he thinks, will impact governance,” said a source.

This has resulted in a deadlock and the issue has dragged on for a month now.

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Agencies
February 12,2020

Bengaluru, Feb 12: Karnataka Sanghatanegala Okkoota, a congregation of various pro-Kannada organisations, has called for a state-wide bandh in Karnataka on Thursday (13 February 2020) demanding reservation in jobs for Kannadigas in both government and private sectors.

The Karnataka bandh, which will begin from 6 am to 6 pm, is likely to impact life in Bengaluru as well as in other parts of the state. Interestingly, Ola and Uber drivers have also extended support to the bandh. 

In Bengaluru, some other drivers’ associations, including Jai Bharatha Vehicle Owners and Drivers Association and Adarsha Auto and Taxi Union have also supported the bandh.

It is not yet clear as to whether the Karnataka State Road Transport Corporation (KSRTC) staff and workers associations will back Thursday’s bandh.

Several other organisations like the Karnataka Film Chamber of Commerce (KFCC), Centre of Indian Trade Unions (CITU), and Lorry Owners Association have supported the February 13 bandh.

In view of the bandh call, schools, colleges and hospitals across Karnataka are likely to remain closed on Thursday.

The Sarojini Mahishi report, which in 1984 suggested that Kannadigas should be given some reservation in jobs in private companies, public sector undertakings and multinational companies, is yet to be implemented.

It is to be noted that Sarojini Mahishi, a four-time MP and Janatha party leader, was appointed by the Ramakrishna Hegde government to head the panel in 1983. The committee submitted an interim report in June 1984. However, a final report was tabled in December 1986 with 58 recommendations, of which the Karnataka government had accepted 45.

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