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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coastaldigest.com news network
June 9,2020

Mangaluru, May 9: An Indian expatriate worker from Karnataka’s coastal district of Dakshina Kannada died of in Dubai after he suffered a cardiac arrest.

The deceased has been identified as Yashwant, 37, hailing from Malali Kajila House in Tenkulipady village, on the outskirts of Mangaluru.

He was working as an air-conditioner mechanic in Dubai for the last two years.

As per sources, he suffered a heart attack. However, the exact cause of this death is yet to be known.

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News Network
May 29,2020

Bengaluru, May 29: The hotel industry is one of the worst-hit industries due to lockdown, along with the tourism industry. Bengaluru's hotel industry has incurred a loss of around Rs 1200 crore during the lockdown period however, the hotels here are likely to open in June if the State government issues guidelines for the resumption of their services.

Speaking to media, PC Rao, President, Bangalore Hotelier's Association said, "It's not only the loss of business, but we have lost the customer base as well. 
We don't expect any good future for the next six months. There will be a slow down in the business even after opening."

"We have requested our CM to give first preference to the hotels. We are going to restart our business in June if granted permission. Around 10 per cent of the hotels cannot open at all. They are in the stage of merging or closing down position. Few hotels may open after five or six months," he added.

He continued saying that many hotels are for sale but there are no buyers. There are around 21,000 restaurants in Bangalore, 3500 hotels with rooms and restaurant which has an average turnover of Rs 20 crores per day, Rao informed.

"We expect losses of around Rs 1200 crores in these two months. We are giving special online training to all the hoteliers and to our managers particularly to deal with the COVID-19 situation, including how to deal with the guests, employees, how to start the hotel services. 

Each and every manager has already been trained and we are still continuing it. We will conduct face to face meeting as well and brief the managers," said Rao.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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