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 25,2020

Mangaluru, Jun 25: Teacher-turned-serial rapist-cum-killer Cyanide Mohan Kumar was sentenced to life imprisonment in the 20th and final case by Sixth Additional District and Sessions Judge Sayeedunnisa on Wednesday.

Cyanide Mohan Kumar (57) was declared guilty in the 20th rape and murder case on Saturday and the judge had pronounced the order before a small group of advocates in the court hall. Cyanide Mohan who appeared in the court hall via video conferencing facility from Hindalga central jail in Belagavi did not show any emotions.

The 25-year-old victim from Kasaragod was working as a cook in a hostel and met Mohan, serving as a teacher in 2009. He had met her at her home on many occasions and had promised to marry her.

On July 8, 2009, she left home on the pretext of visiting a temple in Sullia and

did not return. When her family tried to reach her on phone, Cyanide Mohan had told they were married and would return home soon.

Mohan took her to a toilet in a bus stand in Bengaluru on July 15, 2009, and had left with her jewels after ascertaining that she had died by consuming Cyanide. No sooner Mohan was arrested in October 2009, the family of the victim had recognised him from the newspapers. The police also recovered the victim’s jewellery from the house of Mohan’s second wife.

Sixth Additional District and Session Court convicted Mohan under sections of IPC 302 for murder with life sentence and Rs 25,000 fine, IPC 366 for kidnapping with ten years of rigorous imprisonment and Rs 5000 fine, IPC 376 for rape with seven years of rigorous imprisonment and Rs 5000 fine, IPC 328 for poisoning with ten years of imprisonment, IPC 394 for causing hurt while robbing with 10 years of imprisonment and Rs 5000 fine, IPC 392 for theft with five years of imprisonment, IPC 201 for destroying evidence with seven years of rigorous imprisonment and Rs 5000 fine, IPC 417 cheating and one year of imprisonment.

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News Network
June 24,2020

Bengaluru, Jun 24: Karnataka Minister of Medical Education Dr K Sudhakar said on Tuesday that the directors of institutions will be held responsible if any there are any complaints and lack of facilities in the treatment of COVID-19 patients.

'Since a couple of days, there are reports in media regarding the admission of COVID-19 patients, lack of hygiene and the supply of sub-standard food to patients. The country is appreciating Karnataka and Bengaluru for controlling the spread of coronavirus. This was possible due to tireless efforts from past several months and these kinds of reports emerging now cannot be tolerated," Sudhakar said.

He added, "There can be no compromise in the treatment of COVID-19 patients. It must be ensured that these kinds of complaints will not be repeated. Directors of hospitals will be held responsible if there are complaints."

The medical education minister further said that asymptomatic patients will be kept in COVID-Care Centres and if they develop symptoms in the care centres, they will be shifted to hospitals for further treatment.

"Since the COVID-19 cases are increasing, private hospitals have been roped in to treat coronavirus patients. Officials have to ensure that beds are reserved and all arrangements are made as per the government order. Guidelines will soon be issued for monitoring asymptomatic cases in COVID care centres," he added.

Karnataka on Tuesday reported 322 fresh COVID-19 positive cases and eight deaths.
According to the state health department, the total number of positive cases has mounted to 9,721 and 150 deaths. So far, 6,004 people have been discharged.

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News Network
March 26,2020

Bengaluru,  Mar 26: The nationwide lockdown in the view of coronavirus outbreak has driven some people to the edge. In Karnataka, within less than 24 hours, two cases of people creating trouble for police personnel have come to light.

On Wednesday, a middle-aged man was shot in his leg by the police after he tried to assault two police constables of Sanjaynagar police station. The police constables were identified as Manjunatha and Basavararaju.
The accused reportedly breached the check post at Bhoopasandra. He and his friends were over-speeding and performing stunts on bikes. When the policemen tried to secure them after giving them a chase, they attacked the cops.

When they were taken into custody, one of them again tried to escape and hurled stones and bricks on the cops. In order to prevent further assault, the police then fired two rounds – one in the air and the second one on his left leg.

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