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 web desk
July 15,2020

Bengaluru, July 15: The family members of a 67-year-old man, who had developed some symptoms of Covid-19, was in for a rude shock when a “reputed” private hospital in Bengaluru’s Whitefield quoted estimated bill of Rs 9.09 lakh for 10 days.

The elderly man was rushed to Columbia Asia Hospital even before receiving his covid-19 test report. But after a look at the estimated bill, the family chose not to admit him there.

The break-up of the estimated bill included Rs 1.40 lakh for ventilator, Rs 3 lakh for medicines, medical supplies and consumables, Rs 2 lakh for laboratory investigations, Rs 75,000 for room rent, Rs 75,000 towards professional fee, Rs 58,500 for nursing charges, Rs 35,000 for radiology investigations and physiotherapy, and Rs 25,000 for equipment and surgical items.

The hospital authorities reportedly told the family members that the actual bill could be higher in the event of complications, unanticipated extension of stay and comorbidities.

“He was tested on Sunday and we were waiting for the result. On Monday, he started gasping for breath. Columbia Asia Hospital told us they had an ICU bed and we rushed him to the emergency care. When they showed us the estimate, we were shocked,” said Abdul Bashir, a nephew of the patient.

“We then contacted Dr Taha Mateen of HBS Hospital through an NGO ‘Mercy Mission’. We got him admitted there for just Rs 25,000,” he said adding that Hospitals should not take advantage when emotions are running high. 

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News Network
February 1,2020

New Delhi, Feb 1: India on Friday banned the export of personal protection equipment such as masks and clothing amid a global coronavirus outbreak.

It did not give a reason for the ban but it reported its first case of the new coronavirus on Thursday, a woman in Kerala who was a student of Wuhan University in China.

The central Chinese city of Wuhan is the epicentre of the outbreak, and the virus has since spread to more than 9,800 people globally and killed 213 people in China.

Several Indian citizens living in Wuhan will arrive in India by plane on Saturday and be taken to a quarantine centre on the outskirts of the capital New Delhi.

India, the world’s second most heavily populated country after China, has taken measures to ensure that all people arriving from China report to health authorities.

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News Network
March 16,2020

Belagavi, Mar 16: Despite issuing an order banning large gathering, including lavish weddings, Karnataka Chief Minister B.S. Yediyurappa attended the grand marriage celebrations of the daughter of BJP MLC Mahantesh Kavatagimath in Belagavi on Sunday.

The Chief Minister had advised people to postpone weddings till the COVID-19 scare passed off, or to restrict the number of guests to around 100. But the wedding on the lawns of Shagun gardens in the Udyambag industrial area in Belagavi had many more times the number of visitors.

A police officer on duty at the venue estimated the crowd to be over 3,000.

The large gathering was in clear defiance of the government order and the Chief Minister’s appeal. But Mr. Yediyurappa’s presence seems to have vindicated this act.

Hundreds of cars were parked on both sides of the Khanapur road, outside the venue which was decorated with flowers, buntings, rolls of paper and colourful cloth. Two huge banners about preventing the spread of COVID-19 have been put up at the venue. There are wash basins at two ends and several hand sanitiser counters across the ground.

Apart from Union Minister of State for Railways Suresh Angadi, and ministers Srimanth Patil and MLA Mahesh Kumthalli, there were several leaders from the BJP, the Congress and the JD(S) who attended the marriage. There were some officers from the city corporation and district administration among the guests.

The Chief Minister arrived around 11 a.m. and stayed for nearly an hour at the venue. He left after wishing the couple and greeting some leaders.

On his arrival, at the Sambra airport, Mr. Yediyurappa said the State was well-equipped to handle the spread of the infection. “Over one lakh have been tested. Among the 100 suspected cases, the virus was detected only in six persons. One person has died. But otherwise the situation is under control. Officers are working round the clock,’’ he said.

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