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.

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...

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Islam not just a religion its a lifestlye for peaceful life

SC cant decide our laws

Most awaited verdict

Wow... Great...

Contradiction is in the case of PM

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Mosque to host Hindu couple’s marriage

News Network

January 4,2020

Alappuzha, Jan 4: The management committee of a mosque in Kerala is all set to solemnize the wedding of a Hindu couple, setting yet another instance of the communal harmony prevailing in Kerala.

The Cheravally Muslim Jamaat Committee at Kayamkulam in Alappuzha district in South Kerala is conducting the marriage of Anju and Sharath after the bride's mother approached the Jamaat authorities seeking help.

The marriage will be held at the mosque premises on January 19 as per Hindu rituals and the Jamaat Committee has also prepared the invitations.

Anju's father Ashokan died a few years back and her mother Bindhu was struggling to win bread for her three children. Nujumudeen Alummoottil, a businessman and secretary of the Jamaat had helped the family earlier also.

Hence Bindu sought his help for the marriage of Anju. Nujumudeen discussed it with other members of the Jamaat committee and members of the mosque.

Najumudeen said that there was no hesitation from anyone on conducting the marriage by the mosque at its premises. A gift in cash and gold would be also given to the couple.

Kerala recently witnessed a church allowing the Muslim believers who participated in an anti-CAA meet to offer namaz at the church premises and another church conducting a carol service with the youth of the parish dressed up in traditional Muslim attire.

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Well educated, good decision makers , intelects and wise people are keralites.

Kerala is unique in India for cordial relation between different religions. However, this is not being digested by sanghis and are trying to build gulf between the communities. I am sure that people will not let theese anti national succeed in their wicked behaviour. This communal harmoney is a slap on the faces of enemies of society. Well done keralites. Salute to all of you.

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If no minority will be affected by CAA, why keep Muslims out of it: P Chidambaram to Amit Shah

News Network

March 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

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‘Reduce school fees by 75% as infrastructure, resources unutilized due to online classes’

Anusha Bhat | coastaldigest.com

July 24,2020

Mangaluru, Jul 24: Parents in Dakshina Kannada are urging the educational institutions to reduce fees at least by 75% as most of the infrastructure and resources are not being utilized due to online classes.

“School campuses are now closed. Why we have to pay such a heavy fee when our children are not availing the facilities offered on campus?” asks a Sapna (name changed), a parent, whose two daughters study at a prestigious private school in Mangaluru.

Even though some schools considered as small players have reduced fees, most of the “prestigious” institutions in the Mangaluru have so far refused to give any discount.

“Apart from paying school fees, now we have to invest in gadgets, internet connections and accessories required for online classes. School administration can use their infrastructure and facilities for other purposes as students are not utilizing them. Hence, they must give us maximum discount during this pandemic,” said another parent.

On the other hand, many parents are facing a dire financial situation due to covid-19 lockdown – while some have suffered losses in their business some have lost their jobs.

Many parents have even approached the education department to ensure that they get a discount in fees from educational institutions, said Dakshina Kannada DDPI Malleswamy.

“We cannot do anything since a government circular has asked educational institutions not to hike fees, which they have not done, and reduce fees if possible, which will never happen. The department is acting against only those schools that forcefully collect fees,” the DDPI said.

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