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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Ram Puniyani
January 22,2020

Shivaji is a great icon in Maharashtra. Different sections of society have given him very high status, though for diverse reasons. Folklores about him abound in the state. His statues, popular songs on him are very prevalent. These folk songs (Powadas) praise his multifarious actions. So it was no surprise that when Jayabhagwan Goyal, released his book, ‘Aaj ka Shivaji: Narendra Modi’, at religious-cultural meet organized by Delhi BJP, there was a strong resentment in Maharashtra. Various leaders from Maharashtra were furious. The Shiv Sena leader Sanjay Raut challenged the Shivaji’s descendent, Sambhaji Raje who is in BJP and is member of Rajya Sabha, to resign on the issue. Sambhaji Raje in turn stated that "We respect Narendra Modi, who was elected as the prime minister of the country for the second time. But neither (Narendra) Modi nor anybody else in the world can be compared with Chhatrapati Shivaji Maharaj,"

Not to be left behind Jitendra Awhad of NCP felt Modi-BJP are insulting the pride of Maharashtra. It is not the first time that controversy is erupting around the Maharashtra warrior of medieval period. Earlier we had seen Sambhaji Brigrade demanding the ban on James Laine book, Shivaji: ‘A Hindu King in an Islamic Kingdom’, for its objectionable content. Bhandarkar Institute in Pune, which had helped James Laine in his research, was also vandalized. At another level there was a talk that Babasaheb Purandare, a Brahmin, who has written some popular material on Shivaji will be made as the Chairman of the committee for statue of Shivaji. Maratha Mahasangh and Shiv Dharm officials objected to a Brahmin heading the committee for a statue for the Maratha warrior. The caste angel in Shivaji’s case is coming to the fore from quite some time.

While there is no dearth of controversies around Shivaji, it is also true that each political tendency has created Shivaji’s image from their political point of view. Who was the real Shivaji, is the question. One can see two clear streams of projection in this matter. On one hand there is an attempt to present Shivaji as the anti Muslim King, a king who was respecting Cows and Brahmins (Go Brahman pratipalak). This view was brought forward from the times of Lokmanya Tilak and picked up by Hindu nationalists, who have been looking for icons in history to suit their political agenda. Nathram Godse, while criticizing Gandhi says that Gandhi’s nationalism was dwarf in front of the one of Shivaji or Rana Pratap.

In tune with this the Hindu nationalists are promoting both these as icons of Hindu nationalism and giving anti-Muslim slant to the whole discourse. This discourse also hides in this the Brahmanical agenda of Hindu nationalism as Cows and Brahmins are presented as the central object of veneration by Shivaji. This image of Shivaji fits well into the current agenda of Hindu nationalists, being spearheaded by RSS Combine.

It is because of this that for seeking votes in Mumbai Narendra Modi on the eve of 2014 elections stated that Shivaji attacked Surat to plunder the treasury of Aurangzeb. This also presents Shivaji-Aurangzeb, Shivaji-Afzal Khan interactions as battle between Hindus and Muslims. The truth is that Surat was plundered for its wealth as it was a rich port city and Bal Samant’s book on the topic gives in depth description of the same. It is noteworthy that Shivaji began his real career of conquest in 1656 when he conquered Javli from the Maratha Chief Chandra Rao More. He took over the treasures of this kingdom. That it was not a Hindu Muslim battle becomes clear when we know that in confrontation with Aurangzeb it was Mirza Raja Jaisingh who was negotiating and engaging with Shivaji on behalf of Aurangzeb. And Shivaji had Muslim officers like Kazi Haider as confidential secretary and many Muslim Generals in his army.

Darya Sarang was chief of armor division, Daulat Khan was in-charge of his naval division; Ibrahim Khan was another general of significance in his army.  This mixed up administration just shows that the kings were not having Hindu or Muslim administration depending on their religion. In the confrontation between Shivaji and Afzal Khan, Rustam-e-Jaman was Shivaji’s side and Afzal Khan had Krisnaji Bhaskar Kulkarni on his side.

As far as Shivaji’s popularity is concerned it was due to his being a King with welfare of his subjects in his mind. He lightened the burden of taxation on the average peasants, and reduced the domination of landlords over the serfs. This picture of Shivaji is well documents in the booklets by Com. Govind Pansare (Who was Shivaji) and Jayant Gadkari (Shivaji: Ek Lok Kalyankari Raja- Shivaji: King doing People’s Welfare). He did not belong to the warrior caste so Brahmins had refused to coronate him, for which purpose Gaga Bhatt a Brahmin from Kashi was brought in with heavy fees. Teesta Setalvad’s hand book on History for teachers underlined this fact.

Today while BJP-Brahmanical forces want to present Shivaji as worshipper of Brahmins and cows, the non upper caste have seen through the game. As such it was Jotirao Phule who brought forward the caste angel of Shivaji as he wrote Powada (Poem) in his honor and today dalit Bahujan are not toeing Hindu Nationalist projection on the issue.

The likes of Jayabhagwan Goyal of BJP as such are trying to give two messages through such attempts. One hand they want to paint Shivaji in anti Muslim and Brahmanical color, they also want to give the subtle message of similarity of this presentation of Shivaji with what Modi is doing. Non BJP forces have seen this game and want to present the other picture of Shivaji, which was highlighted by the likes of Jotirao Phule and which today many of those standing for rights of dalit-Bahujan are trying to articulate. The criticism of the said, book, since withdrawn is on these twin aspects. One about the picture of Shivaji who was concerned about welfare of the farmers, and two his respect for people of all religions.

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News Network
February 4,2020

New Delhi, Feb 4: "I own my statement," said BJP lawmaker Anant kumar Hedge on Tuesday amid the raging controversy over his remark on Mahatma Gandhi while adding that he has never said anything against the Father of the Nation.

"All related media reports are false. I never said what is being debated over. It is an unnecessary controversy. I own my statement made on February 1, 2020, in Bengaluru. I never made any reference to any political party or Mahatma Gandhi or anybody else, I was just trying to categorise freedom struggle. That's all," Hedge told news agency.

"I am surprised by the discussion around it. What can I say about something that is not there? There is hullabaloo going on without anything. My statement is available in public forum. If anyone wants to see, it is available online and on my website. Show me if I have said anything against Mahatma Gandhi, Nehru and any other freedom fighters," he added.

The BJP leader continued: "That programme was about Savarkar. With due respect of all our freedom fighters, I was just discussing our freedom struggle, there is no confusion or any derogatory comment on freedom struggle or fighters. Unnecessary nuisance has been created."

Hedge stoked a controversy after he 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 was beaten up by the cops even once. Their independence movement was a 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.

While several Congress leaders have condemned his remark on the father of the nation, BJP leaders too has distanced themselves from it.

Top leadership in BJP is unhappy with Anantkumar Hegde over his controversial remark on Mahatma Gandhi, party sources had said on Monday, adding that he has been asked to issue an unconditional apology.

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News Network
May 12,2020

Dubai, May 12: Free tickets are being offered by philanthropists and businessmen based in the UAE for deserving Indians who want to fly home.

Repatriation ticket prices have been set at around Dh700 to Dh750 per person depending on the destination. But there are many in UAE who cannot afford it, especially people who have lost their jobs or have medical concerns.

Malayalam Communications Ltd and its Malayalam stations (Kairali TV & Kairali News) are giving away 1,000 tickets free. Those who wish to apply can submit their application to [email protected].

Indian businessman Dhananjay Datar, chairman & managing director of Al Adil Trading Company, is also giving away 300 tickets. He is liasing with the Consulate General of India (CGI) for the names. “This is the time we need to rise as a community,” he said.

Besides taking care of airfares, Datar will also bear the cost of COVID-19 testing fees for Indians from the UAE.

“The repatriation efforts undertaken by the government of India is one of the largest initiatives. I am just doing a small bit to help the community. There are many people who are not in a position to meet the airfare and COVID testing costs as they have lost jobs. I will be coordinating with authorised entities handing this to lend my support,” he said.

Pravasi India Forum, a welfare organisation in UAE, is giving away 100 tickets. The NGO on Monday, May 11, uploaded a registration form where people can provide their details. “Tickets will be given to those approved by CGI and for those who are in financial distress,” said Abulaise, president of Pravasi Welfare Forum.

Punnakan Mohammed Ali, general secretary Incas UAE committee, said it is also ready to give away hundreds of free tickets but only to genuine candidates. “We will evaluate each individual and only if they are approved by the consulate, we will give the tickets. But we are ready to help.”

Those who want to register can get more details on www.pravasiwelfareforum.com.They can also call 055-1025611.

Need for more flights

The gesture notwithstanding, many Indians are still waiting to get news on their repatration.

Social worker Shukoorali Kallangal, President, Abu Dhabi Kerala Muslim Cultural Centre (KMCC), urged the government of India to add more flights to accommodate more passengers.

“Emergency repatriation services are the need of the hour. There are several expats with medical, financial distress. For those who came with the hope of a job – that too is a thing of the past now. Right now all they want is to go home and start something afresh there.”

Kallangal said: “Take the case of pregnant women. In many cases, their husbands have lost jobs or have been asked to go on unpaid leave. They are living hand to mouth and cannot afford medical costs. Due consideration should be given to them.”

Sreedharan Prasad, another social worker based in Ras Al Khaimah, said he is currently dealing with several emergency medical cases.

Consul General of India Vipul said plans are afoot to add more flights in the next phase of Indian repatriation. “The number of flights are being decided by India in consultation with state governments. This is not a normal situation we all are in. We are in the middle of a pandemic situation.”

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