Triple Talaq has no place in a secular country: Centre tells Supreme Court

October 8, 2016

New Delhi, Oct 8: The Centre on Friday opposed before the Supreme Court the practice of triple talaq, saying anything that is subjected to the whims of menfolk was incompatible with the principle of gender equality and justice as enshrined in the Constitution.

talaq“Gender justice and dignity of women are non-negotiable and overarching constitutional values, and can brook no compromise in a secular country like India,” the government stated. In an affidavit, the NDA government contended that triple talaq, nikah halala' (bar against remarriage with divorced husband, without an intervening marriage with another man) and polygamy cannot be regarded as an integral part of the religion.

“Even theocratic countries where Islam is a state religion have undergone reforms, so these practices cannot be regarded as integral to the religion and India being a secular republic, there is no reason to deny the women rights available under the Constitution,” the law ministry said.

Coming out in support of a batch of petitions, including one by advocate Balaji Srinivasan on behalf of Shayara Bano, the government said the issue of the validity of triple talaq, nikah halala' and polygamy needs to be considered in the light of principles of gender justice and overriding constitutional principles of non-discrimination, dignity and equality.

The Centre stated: “Secularism being a hallmark of Indian democracy, no part of its citizenry ought to be denied access to fundamental rights, much less can a section of secular society be worse off than its counterparts in theocratic countries, many of which have undergone reforms.”

The Centre said though polygamy was regarded progressive and path-breaking centuries ago, in light of the principle of gender justice, it required “serious reconsideration”.

Triple talaq, nikah halala' and polygamy cannot be regarded as essential and integral part of the religion and would therefore be not entitled to protection under Article 25 (right to practice religion) of the Constitution, it added.

Even an affidavit by the Muslim Personal Law Board has referred to those practices as “undesirable” and which cannot be elevated to essential religious practice, the government said.

“Personal laws must be examined in the light of the overarching goal of gender justice and dignity of women... Any provision of the personal law which is inconsistent with fundamental rights is void,” the government said. Can personal laws, meant to preserve diverse identity, be used as a pretext to deny women equality and status available under the Constitution, the Centre asked

Comments

shaji
 - 
Monday, 10 Oct 2016

Muslim Ulemas need to educate Ummah on Talaq issue as it is being misused and practiced incorrectly. It is not surprising that Central Govt is not accepting Shariat in the presence of advisers like MJ Akbar, Mukhtar Abbas, shanawaz, Muneer kallapally etc who have zero knowledge about islam. These people are traitors like Mir Qasim and busy in appeasing BJP high command.

Go Moothra
 - 
Saturday, 8 Oct 2016

Viren ......wish to become Muslim as we have a chance to marry 4 wives...... Bad luck......

but you should also know that you can marry 4 wives only if you can maintain Justice between which is almost a difficult task for Non Muslim...because we eat beef and have the strength to maintain all the daily aspects ....unlike a Fanatic Hindutva activist... who eat beef but with bear or whisky or rum

Abdulla
 - 
Saturday, 8 Oct 2016

Please watch this
MAJHA VISHESH : Aurangabad: Discussion on Ban Muslim Triple Talaq Law

Also this...
Br.imran Answering About Triple Talaq To a Non Muslim Sister.

And YOU judge yourself....

Kaizer
 - 
Saturday, 8 Oct 2016

People doesnt know what exactly triple talaq means
Wel Said Ahmed KC
there are some rulings in triple talaq, it doesnt mean u say triple talaq and the relationship goes invalid.
Follow the exact rulings of triple talaq which will be a best solution for everyone.

Ahmed K. C.
 - 
Saturday, 8 Oct 2016

Muslims are taking advantage of \triple talaq\" without knowing the correct way of \"triple talaq\"
If followed in the right way, there is no better solution than this for any broken marriages."

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News Network
March 28,2020

Mangaluru, Mar 28: After a youth from Dakshina Kannada who tested positive for the deadly Covid-19 revealed that he had travelled by a bus, authorities have requested all his fellow passengers to visit their nearest district hospital. 

The 21-year-old man hailing from Belthangady taluk had flown from Dubai to Bengaluru on March 21 and on the same day travelled to Mangaluru by the KSRTC bus bearing registration number KA 19, F3329

As he was suffering from fever and cough he was admitted to Puttur government hospital on March 24. He was tested positive for the novel coronavirus on March 27.   

It is not yet know how many passengers were there on board the above mentioned bus which had departed Bengaluru at 4:30 p.m. on March 21. It is believed that most of the passengers who travelled by this bus are residents of Dakshina Kannada. 

Hence, the KSRTC authorities today requested all the passengers who travelled by this bus to visit their nearest district hospital for necessary checkup. The passengers also were urged to quarantine themselves for next couple of weeks.

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News Network
March 11,2020

Bengaluru, Mar 11: The move by rebel ruling Congress MLAs in Madhya Pradesh to trigger the crisis for the party's government in the state appears to have been in the making for at least close to a month as Karnataka BJP leaders were sounded about hosting them in Bengaluru in advance, sources said.

They also indicated that the 19 rebel MLAs would stay in the city for at least two weeks till an alternative government takes charge in Madhya Pradesh.

A senior Karnataka BJP leader, in charge of the Madhya Pradesh legislators' stay in Bengaluru, received a communication from the party's central leaders about the move nearly 15-20 days ago, the sources involved in the development said on condition of anonymity on Tuesday.

The leader had even gone to New Delhi in the third week of February to meet BJP's central leaders in this regard, they said.

In a massive setback for the Congress, its prominent youth leader Jyotiradtya Scindia quit the party and in a coordinated rebellion on Tuesday 21 MLAs loyal to him resigned in Madhya Pradesh, pushing the 15-month-old Kamal Nath government to the brink of collapse.

As many as 19 Madhya Pradesh MLAs, including six ministers, said to be loyalists of Mr Scindia who appeared set to join BJP, are camping at a resort in Bengaluru. Two of them are women, the sources said.

The MLAs on Tuesday sent their resignation letters via e-mail to Raj Bhavan in Bhopal from Bengaluru.

According to the sources, eight legislators, including an independent, have been staying in the city for about a week now. Of them two - one from Congress and the other an independent MLA - had gone back.

The six were joined by 13 legislators, who landed in the city by a chartered flight on Monday, and all of them are put up in a villa.

The senior Karnataka BJP leader, also an MLA, is looking after their stay and related arrangements on the directions of the party high command, the sources said. Their stay here may be for a couple of weeks.

"There will be a no-confidence motion, and then there will be a trust vote of the new alternative government that will be formed. So they may have to stay here for some time. They may be moved out of their current location," they said.

The Madhya Pradesh legislature session is expected to begin on March 16.

The sources also said the six legislators staying in the city since last week were shifted a couple of times within the city.

Congress in Madhya Pradesh, under the leadership of Kamal Nath, had come to power in December 2018 by ousting the BJP by a narrow margin.

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Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

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