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
February 19,2020

Bengaluru, Feb 19: Karnataka Chief Minister BS Yediyurappa is facing major dissent within the party and the BJP MLAs held a meeting on Tuesday night at former Chief Minister Jagdish Shettar's residence to discuss the functioning of Yediyurappa-led government, said BJP sources.

According to BJP sources, some of the unhappy BJP leaders and MLAs met last night at Shetter's place and expressed that they are not satisfied with Yediyurappa's leadership.

Last night's meeting shows that party leaders are looking to bring down Yediyurappa from the Chief Minister's post by sending a clear message to the high command that Yediyurappa is incapable of continuing as the CM, said BJP sources.

Other sources in BJP have also asserted that BJP leadership in Karnataka is looking for a "leader" who can lead the party in upcoming elections which is going to be held after three years. At this point of time, it's crucial for BJP to promote second-line leadership.

Meanwhile, a letter is being circulated in the BJP party forum and over social media against Chief Minister Yediyurappa's leadership.

It looks like the same team which is unhappy with Yediyurappa's leadership is trying to convey the same message to their high command. The letter which is being circulated says to be written by one of these leaders' groups against Yediyurappa and his son Vijayendra.

On this, Congress leader Ramalinga Reddy told media, "Maybe the letter is written by the same MLAs because after the expansion of Karnataka cabinet so many leaders from BJP were kept out."

"There is a lot of discontent among BJP MLAs that the ones who have toiled for the party day and night have been neglected from the cabinet expansion. This will definitely result in destabilisation in the government," said Eshwar Khandre, KPCC Working President.

Now party high command needs to look into Karnataka leadership to manage the government in the state.

"Now BJP leadership in Karnataka and Delhi need to look into the matter and need to solve the issue after cabinet expansion," said a BJP leader.

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News Network
February 21,2020

Aurangabad, Feb 21: The All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) will seek an explanation from its leader Waris Pathan over his alleged '15 crore Muslims can be heavy on 100 crore' remark he recently made in Karnataka, a party leader said here on Friday.

Pathan had made the purported remarks while addressing an anti-Citizenship (Amendment) Act (CAA) rally at Kalaburagi in North Karnataka on February 16.

"We have to move together. We have to take Azadi (freedom), things that we don't get by asking, we have to take it by force, remember it...(We maybe) 15 crore, but are heavy on 100 (crore), remember it," Pathan can be heard purportedly saying in a video of his speech that has gone viral.

Talking to reporters here, AIMIM's Maharashtra unit chief and Aurangabad MP Imtiyaz Jaleel said, "Our party does not support the statement made by Waris Pathan. The party will seek an explanation from him over the remarks."

"If needed, we will come out with a set of dos and don'ts for the party workers to be while giving speech," he said.

"BJP leaders Anurag Thakur and Yogi Adityanath had also given some hateful statements, but none questioned them about it," Jaleel added.

On Thursday, a young woman had raised "Pakistan Zindabad" slogan in Bengaluru during a protest against CAA, NRC and NPR, where AIMIM chief Asaduddin Owaisi was also present. Owaisi had denounced her action.

Talking about the incident, Jaleel said, "That event was not organised by the AIMIM. It was organised by JD(S) and leaders of all parties were there. Asaduddin Owaisi stopped the woman and also condemned her act. But it is being projected that it was AIMIM's stage."

Meanwhile, the BJP and the Raj Thackeray-led Maharashtra Navnirman Sena (MNS) held protests in Aurangabad against Pathan, seeking stern action against him.

The BJP protested in Gulmandi area and burnt an effigy of Pathan.

"Waris Pathan has hurt the feelings of 100 crore people. He has tried to divide the people of the country. The state government should take action against him and send him out of Mumbai," BJP MLA Atul Save said.

The MNS took out a symbolic funeral procession of Pathan and raised slogans against the AIMIM.

"The language of Waris Pathan was disgusting. He should be banned from giving public speeches in the state and also be arrested," MNS lader Prakash Mahajan said.

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News Network
April 18,2020

Bengaluru, Apr 18: Karnataka Congress president DK Shivakumar on Saturday appealed to Prime Minister Narendra Modi to deposit at least Rs 10,000 in bank accounts of people belonging to the unorganised sector.

"The unorganised sector comprises barbers, dhobi, cooks, carpenters, sweepers, drivers and autorickshaw drivers. Prime Minister Narendra Modi did not mention anything about giving subsistence to these people," Shivakumar, told ANI, referring to the Prime Minister's address earlier this week.

Modi had announced the extension of the ongoing nationwide lockdown till May 3 in order to curb the spread of coronavirus.

"I appeal to Prime Minister Modi to register the members of the unregistered sector under the National Rural Employment Guarantee Act (NREGA) or deposit at least Rs 10,000 to the bank accounts of each of the members of unorganised sector to help them survive the lockdown," he added.

Though the Congress party will continue the central government and state government's fight against coronavirus, he said, both the governments need to help people who are part of the unorganised sector.

"The farmers have told me that due to the lockdown they are ready to sell the vegetables, which once used to be sold at Rs 100 per kg, at even Rs 5 per kg," he said.

Speaking on the suggestions he made to Chief Minister BS Yediyurappa, Shivakumar said, "I requested the Chief Minister to send a team to do a videograph and make an assessment of the on-ground situation. However, till now, no one has gone."

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