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 10,2020

Shimoga, May 10: Karnataka Chief Minister B S Yediyurappa was all praise for a nine-month pregnant nurse, who is still attending to work at a Covid-dedicated hospital in the state, braving all odds in the wake of novel coronavirus pandemic.

Roopa, a resident of Gajanur, works at the Sri Jayachamarajendra Taluk Hospital in Tirthahalli.

The Chief Minister called the nurse up and admired her sense of duty after he came to know that she has been turning up at the hospital despite being in the advanced stage of pregnancy.

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Agencies
January 1,2020

Kanpur, Jan 1: In a seemingly bizarre development, the IIT in Kanpur has set up a panel to decide whether the poem "Hum dekhenge lazim hai ki hum bhi dekhenge", penned by Faiz Ahmad Faiz, is anti-Hindu.

The panel has been set up in response to complaints filed by a faculty member who claimed that the students, during a protest, sang this poem which was anti-Hindu.

The poem reads thus -- "Lazim hai ke hum bhi dekhenge. Jab arz-e-Khuda ke kaabe se. Sab bhut uthwaye jayenge, Hum ahl-e-safa mardood-e-harm. Masnad pe bithaye jayenge. Sab taaj uchale jaenge. Sab takht giraye jayenge. Bas naam rahega Allah ka. Hum dekhenge."

It was the last line that has turned into a bone of contention. Translated into English, it means, 'When thrones will vanish, only Allah's name will remain' -- implying the misleading translation by the professor.

The poem had been written by Faiz in reference to military dictator Zia-ul-Haq in 1979 and was against the military rule in Pakistan. Faiz had left leanings and was an atheist. He was known for his revolutionary writings that kept him in jail for several years.

It may be recalled that the IIT-Kanpur students had taken out a peaceful march on the campus on December 17 in support of the students of Jamia Millia Islamia and during the march, the students sang the Faiz poem.

According to IIT Deputy director Manindra Agarwal: "In the video, the students are seen reciting the Faiz poem which can also be perceived as being anti-Hindu.

The IIT faculty member, in his complaint, has alleged that the students made anti-India and communal statements during their demonstration in solidarity with the Jamia students.

The complaint was based on two lines of the poem, which have obviously been misinterpreted -- "When all idols will be removed, only Allah's name will remain."

The faculty member has stated that "organisers and masterminds must be identified and expelled immediately."

Fifteen other students have also signed the complaint filed by the professor against the protesting students.

Meanwhile, IIT students have said that the faculty member who lodged the complaint has been banned on a social networking site for posting communal content.

In an article published on the IIT-Kanpur student media portal, the students clarified what exactly happened on the day of protest and how their chant was given a 'communal and misleading' turn. They stated that they had recited a few lines of the Faiz poem in reference to the police crackdown on the Jamia students.

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News Network
March 29,2020

Kannur, Mar 29: A non-resident Keralite (NRK)

under home quarantine here since he returned from Sharjah recently died on Sunday, officials said.

According to health authorities, Abdul Khader (65), a resident of Kannariparamba, was kept under home quarantine after he returned from abroad on March 21.

Police said the man had no symptoms of coronavirus but was under isolation as per Covid-19 protocol for persons returning from abroad and other states.

"The relatives of the deceased took him to hospital after seeing him unconscious in his room. However he died before reaching the hospital," police said.

Quoting medical college authorities, the Mayyil police said he died of cardiac arrest.

However, the health officials said they will test his blood sample to ascertain whether he was affected with novel coronavirus.

The body has been kept at the Kannur medical college and will be handed over to his kin only if the result of his blood test is negative, sources said.

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