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
January 16,2020

Udupi, Jan 16: The mandatory implementation of FASTag, across the country, was not enforced in the toll gates located in Udupi and Dakshina Kannada districts.

The toll gate personnel cited that they had not received any directions from the NHAI and hence vehicles were being allowed to ply as per the current practice.

As per government order, two gates each have to be reserved for locals, emergency entry and cash transactions. All other lanes are to be used for FASTag.

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News Network
July 4,2020

Bengaluru: The Secondary School Leaving Certificate (SSLC) examinations in Karnataka concluded on Friday with an overall average of about 98 per cent attendance amid the coronavirus scare. Chief Minister B S Yediyurappa congratulated the lakhs of students who appeared for the crucial exercise braving the coronavirus pandemic situation.

An average of about 98 per cent of 8.5 lakh odd enrolled students took the exams which began on June 25, after the government stuck to its decision to go ahead with them despite rising coronavirus cases but laid down a string of safety measures, including face masks and maintaining distancing by seating only one student a bench.

Examinations for all main subjects had been completed and alternative subjects such as music would take place on Saturday, Education department officials said.

"I heartily congratulate students who faced the examination even during the coronavirus pandemic," Mr Yediyurappa tweeted.

Expressing happiness over the successful completion of the examination, he greeted state Primary and Secondary Education Minister S Suresh Kumar, officers and employees of education department, health department, police and transport personnel.

"The exam is a proof that anything can be made possible if all the government departments work in tandem," Mr Kumar tweeted.

Later addressing a press conference, he said on Friday 98.10 per cent attendance was recorded compared to 98.76 for the same paper last year.

"Credit goes to children. First day, parents were scared and students were sceptical and there was a big challenge before us. But the children appearing for the exam instilled confidence. They came with masks, sanitisers and were careful about maintaining social distancing. Our children have set an example for others to follow," Mr Kumar said.

Lauding the students, parents and the government staff who made the exam possible ignoring the virus scare, Medical Education Minister Dr K Sudhakar said Karnataka has set an example by successfully conducting the examination.

The Karnataka Secondary Education Examination Board, which conducted the examination, faced various challenges. While protecting students from coronavirus infection was the top priority, transportation, security and convincing the parents to allow their children to take up the exam were the other factors it encountered.

According to sources in the department, the education officers had directed authorities of all the schools to call the parents and students to make sure that they appear for the examinations.

The Central Board of Secondary Education (CBSE) and boards of various neighbouring states either gave general promotion or decided to give marks to the students based on their performance in the earlier tests conducted by the schools.

The exams were conducted at a time when there was a sudden spurt in coronavirus cases in Karnataka, especially Bengaluru. Expressing apprehension, former chief minister and JD(S) leader H D Kumaraswamy had appealed to the government to postpone the examination but the government went ahead with its decision.

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News Network
March 7,2020

Kalaburagi, Mar 7: Congress and JDS MLAs are eagerly waiting to join BJP, said former minister and chairman of Nijasharana Ambigara Choudaiah Abhivradhi Nigama, Baburao Chinchansur, here on Friday.

Speaking at a press conference here, Baburao said if the BJP top brass gives a green signal to include MLAs of other parties, both Congress and JDS would be almost empty. Many leaders, including D K Shivakumar and G Parameshwara, won’t support Siddaramaiah and the former CM will have to find his own way in the coming days, he predicted. He said Congress will not be coming to power in Karnataka for the next 20 years, he said.

Chinchansur thanked Chief Minister B S Yediyurappa for providing Rs 50 crore for Nijasharana Ambigara Choudaiah Abhivrudhi Nigama in the budget. He also said that a delegation will be taken to New Delhi under the leadership of the CM, after the budget session, to pressure the Union government to include Koli community in ST category.

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