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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coastaldigest.com news network
June 28,2020

Mangaluru/Udupi, June 28: The coastal districts of Dakshina Kannada and Udupi have recorded 97 and 40 fresh coronavirus positive cases in last 24 hours. 

With the highest single day spike, the total covid-19 positive cases in Dakshina Kannada mounted to 665, among which 272 cases are now active.

So far 313 people have recovered and discharged from the hospitals. 13 covid-19 patients have passed away. Two among them have died due to non covid reasons. 

With the 40 fresh cases, Udupi’s total mounted to 1179, among which only 135 cases are active. 1042 people have recovered and discharged from the hospitals. Two people passed away.

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News Network
March 28,2020

Mumbai, Mar 28: Doctors in Mumbai have not been spared by the novel coronavirus. As Mumbai’s count for Covid-19 cases went up to 58, an octogenarian doctor from Saifee Hospital passed away on Friday. He was a suspected case of coronavirus with co-morbid conditions like diabetes and had a pacemaker implanted, said a press release from the state health department.

As per a statement from Saifee Hospital, he underwent a CT scan at Saifee Hospital and was diagnosed positive for Covid-19. The surgeon was transferred to the special isolation facility at PD Hinduja Hospital where he subsequently died. Behranwala’s close relatives had come down from England and were under quarantine.

In a statement, Saifee Hospital, where Behranwala underwent CT scan, said, "All containment and surveillance measures have been implemented to ensure the safety of our staff patients and visitors. Saifee Hospital reiterates that the Hospital is fully operational," said Dr Vernon Desa, Director (Medical governance and clinical compliance) Saifee Hospital.

In the second case, an Andheri-based doctor, aged 53, has been tested positive along with his 43-year-old wife and 20-year-old daughter. The family doesn’t have a travel history. The doctor reportedly came in contact with the virus through a patient. MCGM has taken samples of 60 patients who came in contact with the doctor. "As of now, no patient from his contact has tested positive," Assistant Commissioner, Vishwas Mote.

Another doctor who practiced at Vakola tested positive after he came in contact with a person having travel history to Italy, later tested positive. The doctor has been admitted at Raheja hospital and samples of his close contact have been taken.

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News Network
April 28,2020

Bengaluru, Apr 28: A CRPF jawan has been arrested in Karnataka for allegedly defying the COVID-19 lockdown norms with the paramilitary force taking strong exception to his 'ill treatment', following which an inquiry has been ordered by the state police.

State DGP Praveen Sood has ordered inquiry into the incident, which has triggered a row after a video of it went viral.

In the clip, some police constables are purportedly seen hitting CRPF soldier Sachin Sawant with sticks in Belagavi.

According to the information shared on social media, Sawant was washing his bike when a police team reached the spot and started beating him up for not wearing a mask during the lockdown.

Taking a serious view of the 'ill-treatment' meted out to its Cobra Commando, the CRPF has written a letter to the Karnataka police demanding an investigation into the matter.

In a letter to the DGP of Karnataka, the additional Director general of police of CRPF Sanjay Arora said Sawant was cleaning his bike when a skirmish happened between him and the police over not wearing the mask.

Arora wrote, "Sawant was manhandled and ill-treated, before his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

From the scrutiny of a viral video on social media, it is apparent that the conduct of police personnel was not citizen centric."

The CRPF ADGP also said the 'unpleasant' situation could have been avoided if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest.

In response, Sood ordered an inquiry into the matter.

He tweeted that IGP Belagavi has been asked to conduct a probe into the incident involving CRPF constable. Action will be taken against guilty after receipt of report, he said.

According to sources, Home Minister Basavaraj Bommai has directed the state police chief to conduct a detailed inquiry into the incident.

Denouncing the arrest, Karnataka Irrigation Minister Ramesh Jarkiholi has sought the release of the CRPF jawan.

"It was wrong on the part of the constables to ill treat CRPF jawan and an inquiry be conducted against the erring policemen," said jarkiholi in a press release.

However, Superintendent of Police of Belagavi district, Laxman Nimbargi defended the arrest of Sawant.

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