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
May 3,2020

Bengaluru, May 3: Erection of barricades and drawing up of boxes or circles aimed at maintaining social distancing were seen in front of liquor shops in different parts of Karnataka on Sunday, a day ahead of their reopening after a gap of over 40-days, due to the lockdown.

Karnataka Excise Commissioner on Saturday had ordered that only CL-2 (retail shops) and CL-11C (state-run retail shops like Mysore Sales International Limited) would open from May 4.

It had permitted liquor sale liquor between 9 am and 7 pm only in areas that are outside COVID-19 containment zones.

Reports of barricades being erected to ensure that people stand in line and drawing of boxes or circles in front of shops to maintain social distancing in front of retail and MSIL shops have emerged from across the state, including the state capital.

Also reports about shop keepers doing special poojas outside liquor shops in Kolar and some even illuminating their outlets with lights from outside have surfaced from other parts of the state.

Meanwhile, officials were engaged in checking stocks ahead of the shops opening on Monday morning.

"We are making all preparations to ensure that government rules are followed. We also seek the cooperation of the people and police," the manager of a shop said.

Another said there may be a rush initially, after which things may get back to normal.

"We expect things to go on smoothly," he added.

Calling for number of customers to be limited to five at a time while ensuring that they maintain social distancing of not less than six feet distance, the order states that customers and the staff will have to wear masks and sanitizers should be used at the shops.

Only stand alone CL-2 and CL-11C shops are allowed to commence liquor sale and not those at malls and super markets, it said.

Officials in Bengaluru said liquor sale is prohibited in 26 containment zones in the city, while in other places rules that have been prescribed need to be followed.

In case of any violation, strict action would be taken, including imposing of penalty, they said.

There was pressure on the government to kick start economic activities, including allowing sale of liquor, to boost the state's finances as excise is the key area which generates revenue.

State Excise Minister H Nagesh had recently pegged the losses at Rs 60 crore per day because of closure of liquor shops, due to the lockdown.

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coastaldigest.com news network
February 5,2020

Mangaluru, Feb 5: ‘Forum for the justice of December 19 Mangaluru firing victims’ has demanded that the policemen who are responsible for the death of two innocent men in Mangaluru one-and-a-half months ago should be booked for homicide. 

49-year-old Abdul Jaleel Kandak, a father of two, and 23-year-old Nausheen Kudroli, were killed in an arbitrary and unwarranted police firing during a disturbance occurred due to police baton charge in the city on December 2019. 

Addressing a press conference, Forum’s convenor Abdul Jaleel Krishnapur said that a judicial inquiry commission should be set up to probe into the police firing which claimed two lives and injured many other innocent civilians.  

“Already a murder case should have been filed against the policemen who opened fire on the people.  Instead, false cases have been booked against many innocent people including the victims. This is a blot on the society,” he said. 

He urged the government to direct the police department to drop false charges registered against the victims and take necessary action against the culprits in khaki. 

He said that the Form demands Rs 25 lakh each compensation for the kin of the two men murdered by the police and Rs 15 lakh compensation for those who injured in police firing on December 19.

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News Network
May 10,2020

Kochi, May 10: A total of 698 people who were evacuated from Maldives on INS Jalashwa, arrived here on Sunday around 9.30am (India time), said the Cochin Port officials. This operation is part of Indian Navy's 'Operation Samudra Setu'.

Another 121 from Lakshadweep also arrived at Mattanchery, near here. on MV Arabian Sea - a passenger/cargo ship sailing under the Indian Flag.

Samudrika Cruise Terminal has been opened up for handling the expatriates and Port has taken up necessary refurbishments consistent with the medical protocols.

The Cochin Port Trust officials said the first group of 698 persons evacuated from Maldives comprises 595 males and 103 females. Of this, 14 are children below 10 years and 19 pregnant women.

Among the 698 passengers, 440 are from Kerala, 156 from Tamil Nadu and the rest are from various states in the country.

Ernakulam district collector S. Suhas said all those from Tamil Nadu will be sent to their state in the bus.

The ship is berthed at BTP Jetty and the disembarkation procedures are being carried out at Samudrika Cruise Terminal. It will take around three hours for all the passengers to be cleared.

According to the protocols, all the Keralaites will be sent for 14 days institutional quarantine at their respective home districts.

Those who are having exemption from institutional quarantine have to be at home isolation.

Among the 121 who arrived on MV Arabian Sea from Lakshadweep include students and those Keralaites who work in the island.

The protocol for these 121 passengers is that since they have been checked there, all these people can go to their homes and be in isolation for 14 days.

The general guideline is if any one shows any symptoms of Covid-19, all such people will be directly sent to Covid hospitals, here.

The distance between Male and Kochi is 493 nautical miles and it began its voyage to Kochi on Friday evening.

INS Jalashwa is an Indian naval ship attached to the Eastern Naval Command. It was acquired from the United States and was commissioned in 2007.

INS Jalashwa has the capacity to accommodate 1000 troops, and comes equipped with extensive medical facilities, including four operation theatres, and a 12-bed ward facility.

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