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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coastaldigest.com news network
July 1,2020

Mangaluru, July 1: The district administration has imposed prohibitory orders under Section 144 in entire Dakshina Kannada between 8pm and 5am in the entire month of July.

Notice in this regard was issued today by Deputy Commissioner Sindhu B Roopesh. The order will come into force with immediate and will be in place ill July 31, the DC said.

The decision was taken days after Karnataka government took steps to tighten covid restriction and imposed lockdown from 8pm to 5am. 

Under the imposed Section 144, the presence or movement of one or more persons in public places are prohibited. Besides, the gathering of any sort anywhere, including religious places subject to certain conditions in view of the COVID-19 pandemic will also be restricted. 
 

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News Network
February 22,2020

Bengaluru, Feb 22: Student activist Amulya Leona, who was arrested on sedition charge after she raised ‘Pakistan Zindabad’ slogans during an anti-CAA event at Bengaluru’s Freedom Park on Thursday evening, has now criticised the organisers of the event for snatching away microphone from her hand.

The event was organised by ‘Hindu Muslim Sikh Isaai Federation’. Soon after she started pro-Pak slogans All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi rushed and tried to snatch mic from her hand. When she continued to speak, her microphone was deactivated.

According to police, the 19-year-old BA journalism student blamed her predicament on the organisers of the protest for not allowing her to complete what she wanted to say on stage.

"Maybe she had intended to say what she had recently posted on her Facebook page where she has said ‘Zindabad’ to all the countries, including India and Pakistan. But it went awry. She was not answering any of our questions, but kept saying she had not done anything wrong," a senior police officer was quoted as saying by a news paper.

The police have booked Leona for sedition and promoting enmity between groups. After her arrest, she was thoroughly questioned by the police for over two hours. After recording her statement, the police produced her before a magistrate in the wee hours of Friday. When she was taken to the judge’s residence, located at the National Games Village in Koramangala, Leona pointed towards the TV cameras and flashed a victory sign.

As the police did not seek her custody, the judge remanded her to judicial custody and she was subsequently taken to Bengaluru Central Prison at Parappana Agrahara. Her advocate is expected to file a bail application in the court on Monday.

When the police took her into custody at Freedom Park and quizzed her, she reportedly did not answer any of their questions but kept insisting that she had not done anything anti-national to be charged with sedition.

"It was the organisers’ mistake to snatch the mike from me before I completed what I had to say. Because of them, I have been arrested today. If they had given me a chance to complete what I had to say, nothing like this would have happened. Now, there is no point in telling you what I intended to speak there. But I can say that there was nothing anti-national in what I did. You can initiate action against me and my advocate will fight the case," a source, citing Leona, said.

The police recorded whatever she said as her voluntary statement and submitted it to the magistrate. "We tried to find out why she did what she did and whether there was anyone else behind her making such a statement. But it appears she had done it on her own," the police official said.

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News Network
July 12,2020

Bengaluru, Jul 12: Karnataka on Sunday registered 71 COVID-19 deaths, its highest single day count, and 2,627 fresh cases, pushing the tally of infections in the state to 38,843, the health department said.

The total positive cases include 22,746 active cases and 15,409 discharges, the department said in its daily bulletin.

The total active cases include 532 people admitted in the ICUs across the state.

Of the 71 fatalities, a record 45 were reported in Bengaluru alone including the death of 16 day-old baby girl and 17-year-old girl with chronic kidney disease, taking the total mortalities in the city to 274.

Among the districts, where new cases were reported, Bengaluru urban accounted for 1,525 cases, followed by Dakshina Kannada with 196, Dharwad 129, Yadagiri 120, and 19 in Bengaluru Rural.

Since the outbreak of the pandemic, 8.39 lakh samples have been tested including 20,050 on Sunday alone, of which 7.80 lakh tested negative.

Other than Bengaluru, five fatalities were reported in Dakshina Kannada, three each in Mysuru, Hassan, Davangere and Belagavi, two each in Haveri and Bagalkote and one each in Dharwad, Koppal, Tumakuru, Vijayapura and Chamarajanagar.

While majority of those who died of coronavirus suffered from Severe Acute Respiratory Illness and Influenza Like Illness, significantly 21 victims did not have any pre-medical conditions while eight were the asymptomatic patients with pre-medical conditions.

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