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 1,2020

Bengaluru, May 1: Chief Minister BS Yediyurappa on the occasion of International Labour Day has appealed to migrant workers in the state to stay back and co-operate with it in resuming economic activities once the Central government issues further directions.

"It is my sincere request to all the migrant workers to stay back in the state and co-operate with us to resume the economic activities once we receive directions from Union Government," Yediyurappa said in a release issued by the CMO.

"COVID-19 situation in India is much better than other countries because of people's cooperation.

We intend to resume economic activities soon. The government has already held a meeting with representatives of associations of commerce and industry in this regard. The government has also appealed to the employers to protect the interest of their workers and pay salaries," he added.

The ongoing nationwide lockdown, imposed to contain the coronavirus spread, is scheduled to end on May 3.

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News Network
March 16,2020

Kalaburagi, Mar 16: Kalaburagi Deputy Commissioner B Sharat has banned the sale of liquor and ordered the closure of bars and restaurants in the district until further orders in the wake of coronavirus scare.

On Sunday, Sharat said that the public gatherings including local markets, village fairs, Urs festival in Kalaburagi district have been banned.

"Gatherings including local markets, village fairs, Urs festival in the district have been banned as a precautionary measure against the coronavirus until further orders," Sharat said.

The Karnataka Health Department on Sunday said that all the family members and other contacts of the 76-year-old man who died of coronavirus in Kalaburagi are being monitored closely.

The state government has said that six cases of COVID-19 have been reported in the state as of now, including one person who died.

"Till date, six COVID-19 cases have been reported in the state including one death. The 5 Coronavirus positive cases are in isolation at the designated hospital in Bengaluru," the government said.

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News Network
March 11,2020

Bengaluru, Mar 11: Heated verbal exchange between Minister K Sudhakar and former Speaker K R Ramesh Kumar in the assembly over disqualification of 17 MLAs last year, continued to disrupt the proceedings on Wednesday, with both opposition and treasury benches pushing for a privilege motion and demanding action.

Chaotic scenes and adjournments marked the House proceedings, with both sides not ready to budge.

As the House met for the day, around 11 am, senior Minister K S Eshwarappa accusing Congress MLA Ramesh Kumar of using "expletive" during a debate last evening, demanded his apology and that he be kept out of the proceedings.

Sudhakar, against whom expletive was allegedly used by Kumar, said, the words used were unpardonable and he should be heard, as he has given notice.

Leader of Opposition Siddaramaiah then demanded that he be allowed to speak first as he had given notice on Tuesday itself.

The Congress leader on his part has accused Sudhakar of breaching Kumar's privilege by allegedly making derogatory remarks against him.

Intervening, Speaker Vishweshwar Hegde Kageri said he has received breach of privilege notice from both sides and would allow it only after the question hour as per rules.

Though Congress expressed its agreement with the Speaker about letting them raise the matter after question hour, BJP legislators including Ministers said, Ramesh Kumar should be suspended.

Pointing out that Kumar was not inside the House, some ruling party MLAs even called him "escapist" and demanded action against him.

Strongly objecting to it, Siddaramaiah questioned the ruling party's intentions in running the house smoothly.

As this was followed by heated arguments between both sides, the Speaker adjourned the House for 15 minutes.

When the house met after much delay at 12:55 pm, the chaos continued.

As the Speaker allowed Minister Jagadish Shettar to speak, who was requesting permission to raise a point, Siddaramaiah objected to it and said he had given notice first.

He said, "this is not correct, it looks like government doesn't want the House to function, they don't want discussion on the budget, they are purposely blocking the proceedings of the House".

However, some BJP MLAs reacted to this by shouting slogans "shame shame Ramesh Kumar".

As his repeated attempts to conduct the proceedings failed, the Speaker adjourned the House for lunch.

Sudhakar, while speaking during a special discussion on the Constitution on Tuesday evening had made critical remarks against the decision of Kumar, as speaker, to disqualify 17 Congress-JD(S) MLAs under the anti-defection law, including him.

Angered by this Kumar, who opposed discussion on the subject, amid heated argument between BJP and Congress members allegedly uttered the expletive, which aggravated the situation and had resulted in pandemonium in the House last evening.

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