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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Agencies
June 6,2020

United Nations, Jun 6: The coronavirus disease has not "exploded" in India, but the risk of that happening remains as the country moves towards unlocking its nationwide lockdown that was imposed in March to contain the Covid-19, according to a top WHO expert.

WHO Health Emergencies Programme Executive Director Michael Ryan on Friday said the doubling time of the coronavirus cases in India is about three weeks at this stage.

“So the direction of travel of the epidemic is not exponential but it is still growing,” he said, adding that the impact of the pandemic is different in different parts of India and varies between urban and rural settings.

“In South Asia, not just in India but in Bangladesh and...in Pakistan, other countries in South Asia, with large dense populations, the disease has not exploded. But there is always the risk of that happening,” Ryan said in Geneva.

He stressed that as the disease generates and creates a foothold in communities, it can accelerate at any time as has been seen in a number of settings.

Ryan noted that measures taken in India such as the nationwide lockdown have had an impact in slowing transmission but the risk of an increase in cases looms as the country opens up.

“The measures taken in India certainly had an impact in dampening transmission and as India, as in other large countries, open up and as people begin to move again, there's always a risk of the disease bouncing back up,” he said.

He added that there are specific issues in India regarding the large amount of migration, the dense populations in the urban environment and the fact that many workers have no choice but to go to work every day.

India went past Italy to become the sixth worst-hit nation by the COVID-19 pandemic.

India saw a record single-day jump of 9,887 coronavirus cases and 294 deaths on Saturday, pushing the nationwide infection tally to 2,36,657 and the death toll to 6,642, according to the health ministry.

The lockdown in India, was first clamped on March 25 and spanned for 21 days, while the second phase of the curbs began on April 15 and stretched for 19 days till May 3. The third phase of the lockdown was in effect for 14 days and ended on May 17. The fourth phase ended on May 31.

The country had registered 512 coronavirus infection cases till March 24.

The nation-wide lockdown in containment zones will continue till June 30 in India but extensive relaxations in a phased manner from June 8 are listed in the Union home ministry's fresh guidelines on tackling the Covid-19 pandemic issued last week.

WHO Chief Scientist Soumya Swaminathan said the over 200,000 current coronavirus cases in India, a country of over 1.3 billion people, "look big but for a country of this size, it's still modest.”

She stressed that it is important for India to keep track of the growth rate, the doubling time of the virus and to make sure that that number doesn't get worse.

She said that India is a “heterogeneous and huge country” with very densely populated cities and much lower density in some rural areas and varying health systems in different states and these offer challenges to the control of Covid-19.

Swaminathan added that as the lockdown and restrictions are lifted, it must be ensured that all precautions are taken by people.

“We've been making this point repeatedly that really if you want behaviour change at a large level, people need to understand the rationale for asking them to do certain things (such as) wearing masks,” she said.

In many urban areas in India, it's impossible to maintain physical distancing, she said adding that it then becomes very important for people to wear appropriate face coverings when they are out, in office settings, in public transport and educational institutions.

“As some states are thinking about opening, every institution, organisation, industry and sector needs to think about what are the measures that need to be put in place before you can allow a functioning and it may never be back to normal.”

She said that in many professions working from home can be encouraged but in several jobs, people have to go to work and in such cases measures must be put in place that allow people to protect themselves and others.

“I think communication and behaviour change is a very large part of this whole exercise,” she added.

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News Network
January 16,2020

Davanagere, Jan 16: Congress leader D K Shivakumar on Thursday turned down all the recent media reports of him aspiring for the coveted Karnataka Pradesh Congress Committe (KPCC) president post.

Terming all the news, doing rounds, as baseless, Shivakumar said that he never made any attempt to become KPCC president. "All I want to do is work for my people and party", he asserted.

Referring to Chief Minister B S Yediyurappa's visit to Harihar's 'Our Lady of Health Minor Basilica' programme, Shivakumar said."I'm not concerned about what others are doing, everyone is free to take part in the programmes."

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News Network
June 9,2020

New Delhi, Jun 9: A record rise in COVID-19 cases in India for the seventh consecutive day has pushed the tally to over 2.6 lakh on Tuesday, with the daily nationwide spike in coronavirus cases inching close to 10,000.

The rise in cases comes at a time when the country has stepped out of a 75-day coronavirus lockdown with malls, religious places and offices opening in several parts of the country under strict conditions.

Since the onset of June, the country has also been witnessing over 200 COVID-19 fatalities each day that has taken the country's death toll to 7,466.

India is the fifth worst-hit nation by the COVID-19 pandemic after the US, Brazil, Russia and the UK, according to the Johns Hopkins University data.

Several states like Haryana, Jammu and Kashmir, Assam, Haryana, Karnataka, Chhattisgarh and Tripura among others have been showing a spurt in cases.

A total 266 new COVID-19 fatalities and 9,987 cases have been reported in the last 24 hours till Tuesday 8 am, according to the Union Health Ministry data.

The country has registered over 9,000 coronavirus infection cases for the sixth day in a row taking the country tally to 2,66,598.

The number of active novel coronavirus cases stands at 1,29,917, while 1,29,214 people have recovered and one patient has migrated, according to the Health Ministry data updated till 8 am.

"Thus, 48.47 per cent patients have recovered so far," a ministry official said.

According to the ICMR, a total of 49,16,116 samples have been tested as on 9 am, Tuesday, with 1,41,682 samples been tested in the last 24 hours.

Out of the total 7,466 fatalities reported till Tuesday 8 am, Maharashtra tops the tally with 3,169 deaths followed by Gujarat with 1,280 deaths, Delhi with 874, Madhya Pradesh with 414, West Bengal with 405, Tamil Nadu with 286, Uttar Pradesh with 283, Rajasthan with 246 and Telangana with 137 deaths.

The death toll reached 75 in Andhra Pradesh, 64 in Karnataka and 53 in Punjab.

Jammu and Kashmir has reported 45 fatalities due to the coronavirus disease, while 39 deaths have been reported from Haryana, 31 from Bihar, 16 from Kerala, 13 from Uttarakhand, nine from Odisha and seven from Jharkhand.

Himachal Pradesh and Chandigarh have registered five COVID-19 fatalities each and Assam and Chhattisgarh have recorded four deaths each so far.

Meghalaya and Ladakh have reported one COVID-19 fatality each, according to ministry data.

More than 70 per cent of the deaths are due to comorbidities, the ministry's website stated

The highest number of confirmed cases in the country are from Maharashtra at 88,528 followed by Tamil Nadu at 33,229, Delhi at 29,943, Gujarat at 20,545, Uttar Pradesh at 10,947, Rajasthan at 10,763 and Madhya Pradesh at 9,638, according to the Health Ministry's data updated in the morning.

The number of COVID-19 cases has climbed to 8,613 in West Bengal, 5,760 in Karnataka, 5,202 in Bihar and 4,854 in Haryana.

It has risen to 4,851 in Andhra Pradesh, 4,285 in Jammu and Kashmir, 3,650 in Telangana and 2,994 in Odisha.

Punjab has reported 2,663 novel coronavirus cases so far, while Assam has 2,776 cases. A total of 2,005 people have been infected by the virus in Kerala and 1,411 in Uttarakhand.

Jharkhand has registered 1,256 cases, while 1,160 cases have been reported from Chhattisgarh, 838 from Tripura, 421 from Himachal Pradesh, 330 from Goa and 317 from Chandigarh.

Manipur has 272 cases, Puducherry has 127 and Nagaland has reported 123 cases till now.

Ladakh has 103 COVID-19 cases, Arunachal Pradesh has 51, Mizoram has 42, Meghalaya 36 while Andaman and Nicobar Islands has registered 33 infections so far.

Dadar and Nagar Haveli has 22 cases, while Sikkim has reported seven cases till now.

The ministry's website said that 8,803 cases are being reassigned to states and "our figures are being reconciled with the ICMR".

State-wise distribution is subject to further verification and reconciliation, it said.

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