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
April 7,2020

Wayanad, April 7: The Kerala government has allowed people from border villages of Karnataka and Tamil Nadu to use medical facilities at Wayanad.

"We have opened our borders to people from neighbouring states who require medical facilities in Kerala. Twenty-nine people from Bairakuppa in Karnataka have used medical facilities in Wayanad and 44 from Tamil Nadu," Kerala Chief Minister Pinarayi Vijayan said on Monday.

Bairakuppa, a small village in Karnataka, is separated by the river Kabini from Wayanad district and the residents there depend on the healthcare facilities available in Wayanad.

Speaking to news agency, Adeela Abdulla, District Collector of Wayanad, said that instructions have been issued to allow people from neighbouring states of Karnataka and Tamil Nadu, who need medical facilities, to cross the border.

"Right from the start of the lockdown, we have not restricted individuals from Bairakuppa region in Mysore district to use the medical facilities in Wayanad as people in that region depend on medical facilities in Wayanad," she said.

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News Netwok
April 25,2020

Bengaluru, Apr 25: KPCC president D K Shivakumar, has alleged that BJP leaders from the state have sold rice that was meant to be distributed to the poor in Tamil Nadu.

Speaking to newsmen here on Friday, he stated that Congress fully supports the government’s work in the prevention of the spread of COVID-19, but maybe unknown to the Chief Minister, corrupt dealings are which we want to bring to his attention.

He alleged that 1,879 quintals of rice brought from Haryana have been illegally sold to a businessman in Hosur, Tamil Nadu.

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Media Release
February 14,2020

Veteran journalist P. Sainath has said that the nation is in a crisis. And this crisis is not limited to just the rural area. It has become a national crisis at various areas such as agriculture, education, economy, job creation etc.

He was delivering the endowment lecture on the topic ‘Indian democracy at the post-liberalization and post-truth era’ at Media Manthan 2020 organized by the PG department of journalism and mass communication at St Aloysius College (Autonomous). 

Mr Sainath said that the many policies adopted in the 90s led to India becoming unusually unequal. Referring to the speech Ambedkar had made at the Constituent Assembly while handing over the draft of the Constitution, Mr Sainath said, “Ambedkar had warned about the weakness of Indian democracy that liberty without equality allows the supremacy of a few over the multitude. Liberty, equality and fraternity must be kept together as we cannot have one without the other.” 

Mr Sainath stated that the agrarian crisis was no longer about the loss of productivity, employment or about farmer suicide; it was a societal, civilizational crisis. Commenting on the lopsided policies such as cow-slaughter ban, he explained how cow slaughter ban had adversely affected many industries due to their interdependency. While Muslims who slaughtered cows were rendered helpless, the cattle traders who were mostly OBCs lost their earnings as the cattle prices crashed. An important industry like Kolhapur sandals industry in Maharashtra went bankrupt as a result of the cow slaughter ban in Maharashtra. He said the policymakers had no idea how the rural industries were interconnected. Demonetisation too devastated the rural economy as 98 percent of rural transactions happen through cash. 

Mr Sainath also spoke about the crisis of inequality which affects the Dalits and the Adivasis far more than anyone else as 90 percent of the rural households take home less than Rs 10,000/- per month. “Women are yet another group whose labour is never counted in the gross domestic product. Women and girls globally do unpaid work which amounts to about 12.5 billion working hours per year. Monetarily speaking, this is worth 10.8 trillion dollars,” Mr Sainath added. 

Speaking about the crisis of jobs Mr Sainath said that major companies were laying off employees just to create more profits for the investors and the adoption of artificial intelligence in the industry would further destroy millions of jobs.

Rector of St Aloysius College Institutions Fr Dionysius Vaz SJ, Principal Dr (Fr) Praveen Martis SJ, HOD of Journalism and Mass Communication department Dr (Fr) Melwyn Pinto SJ were present.

‘Veerappan and Vijay Mallya’s business models are interesting!’

Addressing the gathering during his endowment lecture on Friday, Mr Sainath made an interesting comment on the so called ‘revenue model’. “Whenever I visit IIMs and IITs for lectures on my PARI project, the students there ask me what my revenue model for my project is. I tell them that I do not have a revenue model. In fact, journalism does not begin with a revenue model. Gandhiji, Ambedkar, Bhagat Singh were all great journalists. But they did not have a revenue model,” Mr Sainath said.

On a lighter note, he said that the best revenue model that he liked was that of forest brigand Veerappan and liquor baron Vijay Mallya. “Veerappan ruled the forest for forty years and from the top ministers to the villagers he could dictate terms and liver royally. Similarly, Mallya’s revenue model was to steal the banks and run away abroad and live like a king,” Mr Sainath added.

Journalism is not and can never be a business. It is a calling, he opined. While newspaper can be a business, television can be a business, journalism per se cannot be reduced to a business. “Unfortunately today, journalists are recruited on a contract basis and they have no bargaining power; and there are no unions to fight for their cause. Hence, they are at the mercy of the corporate media houses for their survival and are made to write stories that cannot be called journalism,” Mr Sainath said.

Answering a question as to the pressures he faced as a journalist, he said that external pressures from the government or others could be very well handled. It is the internal pressures from once own media house that journalists find it difficult to manage.

 

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