Will deal with only legal aspect of triple talaq: Supreme Court

February 14, 2017

New Delhi, Feb 14: Supreme Court on Tuesday said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.muslim-marriage copy

"You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues," a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.

The bench made it clear to the parties concerned that it would not deal with the factual aspects of the particular case and would rather decide the legal issue.

"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.

The apex court said that the question whether divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.

The court, meanwhile, allowed the lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The ministry of law and justice referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

Comments

Hindustan Hamara
 - 
Tuesday, 14 Feb 2017

Spineless government is mute spectator to dalit discrimination and rss terrorism talking about Muslim Law. Chaddi Ravi Shankar Prasad should resign. He is not good for Indian Society. Who is he to say what is good for Indian Muslims? Can I say that beef is good for Brahman and it is law that every Brahman should eat beef along with vegetables? Triple talaq in one sitting is not widely practiced in India but it is ISLAMIC LAW which can be applied in rarest of rare case subject to Qazi'? approval. Triple talaq in 3 sitting is widely practiced in Indian society. Govt should think about improving people'? lives rather than peeping in people'? bedrooms and bathrooms.

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coastaldigest.com news network
June 24,2020

Mangaluru/Udupi, Jun 24: Dakshina Kannada reported 12 new coronavirus positive cases where as neighbouring Udupi district reported 14 new cases today. Dakshina Kannada also reported a covid related death. 

Among the 12 cases in DK, 8 are males and 4 females. Four among them had recently come from Sharjah. One is suffering from severe acute respiratory infections (SARI) and seven with influenza like illness (ILI) symptoms.

In Udupi, there were two children among 14 people who tested positive today. There are 8 males and 6 females. Nine are Maharashtra returnees, one has travelled from Bengaluru, three have contracted infection from P-3851, and the source of infection of one more patient is being traced.

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News Network
April 17,2020

Madikeri, Apr 17: A person who had returned from Spain in March was subjected to home quarantine on Thursday in Sowarpet in Kodagu district.

The person had arrived at Bengaluru on March 16 and went to Balele. Yesterday, he came to his estate house in Kumburu village in Somwarpet.

Availing the information, Tahsildar Govindaraju, police officials and health department staff visited the spot and gathered the necessary information.

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coastaldigest.com web desk
June 14,2020

Benglauru, June 14: Even as schools are divided over providing online education, the state Higher Education Department is stressing on continuing online education.

Deputy Chief Minister and Higher Education Minister Dr C N Ashwath Narayan has stressed the need for digital learning to eliminate educational inequalities.

Taking part in a Webinar on ‘Digitising Higher Education - Challenges and Opportunities,’ organised by the Padmashree Institute of Management, he asked educational institutions to give emphasis to digital learning.

“Digital learning is a means to ensure quality education to all sections of the society without discrimination on the basis of caste, region and religion. This is a solution to eliminate discrimination. Through digital learning, a student in a remote village will also get an opportunity to learn from an experienced and highly qualified teacher.”

In addition to this, students are getting study material in digital form. Keeping these important aspects in mind, all educational institutions should give stress to digital learning without wasting any time,’’ he said.

He, however, admitted that digital learning has its own challenges like - quality internet connectivity, laptops and mobile gadgets.

“We are trying to find a solution to it by raising funds through Corporate Social Responsibility or through government funds,” he said. “We are making efforts to provide 4G network across the State,” he said.

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