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.

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...

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Islam not just a religion its a lifestlye for peaceful life

SC cant decide our laws

Most awaited verdict

Wow... Great...

Contradiction is in the case of PM

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With spike of 56,282 cases, India's COVID-19 tally reaches 19,64,537

Agencies

August 6,2020

New Delhi, Aug 6 : With a single-day spike of 56,282 new COVID-19 cases and 904 deaths in the last 24 hours, India's COVID-19 tally reached 19,64,537 on Thursday.

With the increase of 904 deaths, the toll due to the disease now stands at 40,699 in the country, according to the Union Ministry of Health and Family Welfare (MoHFW).

The COVID-19 count includes 5,95,501 active cases and 13,28,337 cured/discharged/migrated patients.

Meanwhile, as per the MoHFW, the percentage of discharged patients stands at 67.62, while the active cases are at 30.31 in the country as of today.

The deaths reported due to the infection are currently at a little above two per cent of the total confirmed cases in the country.

Maharashtra with 1,46,268 active cases and 3,05,521 cured and discharged patients continues to be the worst affected. The state has also reported 16,476 deaths due to the infection.

Tamil Nadu has 54,184 active cases while 2,14,815 patients have been discharged after treatment in the state. 4,461 deaths have been reported due to COVID-19 in the state.

Andhra Pradesh with 80,426 active cases is the third on the list. There are 1,04,354 cured and discharged patients and 1,681 deaths reported from the state.

The national capital's active cases tally once again crossed the 10-thousand mark with 175 new cases being reported. Delhi now has 10,072 active cases and 1,26,116 cured and discharged patients. 4,044 people have lost their lives due to the disease in the Union Territory so far.

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‘Why aren’t personal guarantees of big corporate loan defaulters invoked by PSBs’

Agencies

July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Sikh volunteers sanitize Jama Masjid, meet Naib Shahi Imam

News Network

May 29,2020

New Delhi, May 29: In a powerful display of inter community solidarity, a team of Sikh volunteers visited Delhi's Jama Masjid and sanitized the 17th century monument.

As the national capital battled coronavirus, the historic Jama Masjid is closed for congregational prayers. However, the team of Sikh volunteers effectively sanitized the monument to ensure it is safe for the caretakers and visitors.

The volunteers affiliated with United Sikhs organization also met Naib Shahi Imam of Jama Masjid Syed Shaban Bukhari during the visit. The latter thanked the team for the humanitarian gesture and underlined the need for all sections of humanity to unite in the face of this crisis.

"The Sikh community has always displayed exemplary commitment to humanity and we are thankful to the United Sikhs' team for their initiative. This enormous crisis facing the human race can be fought off only if all communities, nations and people unite and fight it together. In recent weeks we have seen heart wrenching images of misery in the country as thousands of migrant workers return to their villages. At the same time we have also seen positive stories of different people uniting to help and feed them. We hope that together we will overcome this crisis," said Syed Shaban Bukhari, Naib Shahi Imam, Jama Masjid, Delhi.

Shaban Bukhari has also advised Muslims across the country to strictly avoid congregational prayers this Eid and pray at homes. He is young leader, who really believes in secularism. For him, humanity and kindness come first.