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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Agencies
February 7,2020

Thiruvananthapuram, Feb 7: Kerala government led by Chief Minister Pinarayi Vijayan on Friday has come under the spotlight for depicting the assassination of Mahatma Gandhi on the cover of the state finance budget 2020-21 document.

Issuing clarification on the same, Issac justified that it is a political statement.

"Definitely, it is a political statement, the cover of my budget speech. It is a painting by a Malayalam artist of Mahatma Gandhi's murder scene. We are sending out a message that we will not forget who murdered Gandhi."

He also alleged that history is being re-written and National Register of Citizens (NRC) is being used to divide the country on communal lines.

"This is important at the times when history is being re-written. There is an attempt to erase some popular memories and use NRC to divide the population on communal lines. Kerala will stand united."

NRC is an official record of those people who are legal citizens of India. The dossier includes demographic information about all those individuals who qualify as citizens of India as per the Citizenship Act, 1955.

The register was first prepared after the 1951 Census of India and since then it has not been updated until recently.

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News Network
April 16,2020

New Delhi, Apr 16: Minority Affairs Minister Mukhtar Abbas Naqvi on Thursday directed state waqf boards to ensure strict implementation of lockdown and social distancing guidelines during the holy month of Ramzan starting next week amid the coronavirus pandemic.

At a meeting via video conferencing, Naqvi asked the state waqf boards' officials to create awareness among people to offer prayers and perform other religious rituals like "iftar (breaking of fast)" during Ramzan, which begins on April 24 or 25, staying inside their homes.

More than seven lakh registered mosques, eidgahs, imambadas, dargahs and other religious and social institutions come under state waqf boards across the country. The Central Waqf Council is the regulatory body of state waqf boards in India.

"We should cooperate with health workers, security forces, administrative officers, sanitation workers. They are working for our safety and well-being even putting their own lives at risk in this coronavirus pandemic," Naqvi said.

"We should also demolish rumours and misinformation being spread about quarantine and isolation centres by creating awareness among people that such centres are only meant to protect people, their families and the society from the pandemic," the minister said.

Naqvi told all the state waqf boards and religious and social organisations that everyone should remain cautious of any type of fake news and conspiracies aimed at creating misinformation. 

"Authorities have been working for safety and well-being of all citizens of the country without any discrimination. Such type of rumours and conspiracies are a nefarious design to weaken the fight against coronavirus," he said.

"We should work united to win this fight against corona by defeating any type of rumour, misinformation and conspiracy," the minister said.

Naqvi asked officials of all the state waqf boards to play an active and effective role in ensuring that people follow the guidelines of the Union Home Ministry, state governments and the Central Waqf Council while fulfilling religious responsibilities during Ramzan.

In view of the challenges of the COVID-19 pandemic, all religious and social activities and mass gatherings in all the temples, gurdwaras, churches and other religious and social places of the country have been stopped, he said. 

Similarly, any mass gatherings in mosques and other Muslim religious places of the country has also been stopped, Naqvi said.

He said that due to the COVID-19 threat, religious leaders as well as religious and social organisations from all regions of the country, have appealed to people to offer prayers and perform all other religious rituals staying inside their homes during Ramzan. 

Most of the Muslim nations of the world have also banned mass gatherings at mosques and other religious places during the holy month, he pointed out.

Prime Minister Narendra Modi, in cooperation with all the state governments, has been working effectively for the safety and well-being of the people, he said.

The cooperation of the people has brought great relief to India in the war against COVID-19 Naqvi said, adding that several challenges are still there before the country. 

"We can defeat these challenges of the coronavirus pandemic by following all the guidelines of the central and state governments strictly," he asserted.

Chairman and senior officials from state waqf boards such as Uttar Pradesh (Shia & Sunni), Andhra Pradesh, Bihar (Shia & Sunni), Dadra & Nagar Haveli, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, West Bengal, Andaman & Nicobar, Assam, Manipur, among others participated in the meeting.

State waqf boards from Rajasthan, Telangana, Delhi, Chhattisgarh, Gujarat, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Maharashtra, Odisha, Puducherry, Tamil Nadu, Tripura and Uttarakhand also participated.

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News Network
May 18,2020

Bengaluru, May 18: A large number of people in India are planning inter-city bus travel within a month of the lifting of travel restrictions, according to a randomised online survey of over 10,300 customers of redBus, India's largest online bus ticketing platform.

Nearly 57 per cent of the respondents are planning to travel within a month post the lockdown. However, there is a high standard of expectation on the implementation of measures to make buses safe for travel with over 79 per cent wanting deep cleaning and sanitisation of buses after every trip.

Hand sanitisers, mandatory masks and temperature screening for all passengers are next in expectations for bus travel. Over 78 per cent of the respondents want the implementation of hygienic conditions at boarding points and 70 per cent want social distancing protocols to be implemented at boarding points.

"The survey does underscore the fact that given the adherence to safety protocols, bus travel is possibly one of the safest options for travel since the number of travellers are fewer, checks can be done individually and the whole factor of pick up and drop as close to home as possible minimises the number of contacts throughout the journey," said redBus Chief Executive Officer Prakash Sangam.

In addition, online booking further reduces the number of contact points as people can book bus tickets directly from their home. Further, there is a heightened awareness of personal hygiene and safety measures which is important for the travel to be safe.

"The large number of people waiting to travel not only points to the need but also the importance it has for the revival of economic activity as very few of them would be travelling for leisure," said Sangam.

The survey also showed that passengers put a very high consideration on hygiene, sanitation and disinfection -- over 73 per cent -- and social distancing (63 per cent) and much lower consideration to traditional factors such as travel cost (22 per cent), comfort (21 per cent) and punctuality (18 per cent).

The survey was conducted among redBus customers across India. Only 5 per cent of the respondents were willing to postpone their travel to over six months while the rest had plans to travel within that period.

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