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
March 23,2020

Bengaluru, Mar 23: Karnataka government today decided to go for complete lockdown. This includes the closure of all non essential government offices, suspension of all public transport services and banning of mass prayers in places of worships across the state.

Chief Minister BS Yediyurappa had expressed the need for a complete lockdown like the Janta Curfew on Sunday. Going by this, there will be no government transport services at least till March 31 and as many as 19,000 government buses will be off the road.

The government also decided to cancel the famous Karaga festival. The CM said that all celebrations and functions will be called off along with mass prayers in mosques and churches.

The CM said that they have decided to procure 1,000 ventilators and 10 lakh face masks in addition to other health equipments.

Private hospitals have come forward to spare their doctors and nursing staff to attend to Covid-19 patients in government hospitals, the CM said.

Yediyurappa also said that he has directed the health department to paste notification on the houses of residents who are infected with coronavirus. This is being done after people with indelible seals and home quarantined are reported to be roaming freely. The notifications will help neighbours to keep an eye on them.

The CM said the government-run Indira Canteen will serve free food to the poor until the lockdown continues. He also said that action will be initiated against non essential shops that are open despite a directive to shut down.

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coastaldigest.com news network
June 28,2020

Mangaluru, Jun 28: The patience and presence of mind exhibited by the family members of youth covid-19 victim thwarted the attempt by a few miscreants to create communal disharmony in the coastal city today.

A 31-year-old youth from Idya in Surathkal, who was under treatment for covid-19 at designated Wenlock Hospital in the city, passed away last night. 

Even though there is a Muslim graveyard under the jurisdiction of Idya mosque, it was waterlogged due to heavy rains. 

Hence, the Idya mosque management had obtained permission from Mangaluru’s Bolar mosque management to bury the mortal remains of the youth in Bolar graveyard. 

All necessary arrangements were made at the Bolar graveyard for the burial this morning. Meanwhile, a few residents of Bolar belonging to another community staged a protest against bringing covid-19 victim’s mortal remains to Bolar.

Mohammad Husain, general secretary of Bolar mosque, said that the family members of the departed youth exhibited their presence of mind and urged the Muslims of Bolar to preserve communal harmony.

“The Bolar mosque committee had given green signal for the burial and all arrangements were made. Meanwhile, a few people staged protest and warned us against burying the covid-19 victim’s body. When the aggrieved family members came to know this, they immediately cancelled the plan,” he said. 

“The aggrieved family requested us to uphold communal amity and co-existence. They decided to bury the body in Idya itself. Then the protesters also returned,” he said.

Burial in Bolar after DC’s intervention

When the mortal remains were being taken towards Surathkal in the ambulance, the Deputy Commissioner of Dakshina Kannada ordered the authorities concerned to take a U-turn and bring back mortal remains to Bolar.  

The DC said it was wrong to take the mortal remains to another place after making all necessary armaments in Bolar graveyard. In order to pacify the porters it was decided to dig another grave on the other side of the graveyard, sources said.

Comments

Kudla
 - 
Sunday, 28 Jun 2020

we know the mentality of these... they are educate but their brain is full of dumb...

 

if tommorow some of their family member die in COVID and we will see how they manage..

 

first we are all human being and we must repsect the dead person..

 

 

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News Network
June 23,2020

Bewngaluru, Jun 23: Karnataka Chief Minister B S Yediyurappa on Tuesday said Covid-19 related fatalities in the state was far less compared to other major states, as he called on people and front line corona warriors infected by the virus not to lose courage.

The Chief Minister made the statement following the alleged suicide of a constable attached with the Karnataka State Reserve Police after he tested positive for Covid-19. "The total number of COVID related deaths in the state is very less compared to other major states.

There is no reason for any infected citizen or government employees to lose courage. The government is always with you," a tweet on the Chief Minister's official twitter handle said.

Of the total of 14,011 deaths reported so far, Maharashtra accounted for the highest with 6,283 fatalities, followed by Delhi with 2,233, Gujarat with 1,684 and Tamil Nadu with 794.

Acknowledging that police form the frontline of corona warriors and were working putting their lives at stake, he said a special Covid-19 testing center is being set up for them and all measures will be taken to provide the best treatment for those infected.

As of June 22 evening, cumulatively 9,399 Covid-19 positive cases have been confirmed in the state, which includes 142 deaths and 5,730 discharges.

The constable, aged about 50 years, was attached with the Karnataka State Reserve Police and was said to be depressed after getting tested positive for Covid-19, sources said.

Expressing condolence over his death, another tweet on the Chief Minister's handle said he has directed officials to to provide all necessary compensation and facilities to the family of the deceased at the earliest. Bengaluru has in the last few days has seen a spike in the number of police personnel getting infected by the virus. At least 74 of them have tested positive in the city and are undergoing treatment, while three have died so far, official sources said.

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