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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News Network
July 4,2020

Bengaluru: The Secondary School Leaving Certificate (SSLC) examinations in Karnataka concluded on Friday with an overall average of about 98 per cent attendance amid the coronavirus scare. Chief Minister B S Yediyurappa congratulated the lakhs of students who appeared for the crucial exercise braving the coronavirus pandemic situation.

An average of about 98 per cent of 8.5 lakh odd enrolled students took the exams which began on June 25, after the government stuck to its decision to go ahead with them despite rising coronavirus cases but laid down a string of safety measures, including face masks and maintaining distancing by seating only one student a bench.

Examinations for all main subjects had been completed and alternative subjects such as music would take place on Saturday, Education department officials said.

"I heartily congratulate students who faced the examination even during the coronavirus pandemic," Mr Yediyurappa tweeted.

Expressing happiness over the successful completion of the examination, he greeted state Primary and Secondary Education Minister S Suresh Kumar, officers and employees of education department, health department, police and transport personnel.

"The exam is a proof that anything can be made possible if all the government departments work in tandem," Mr Kumar tweeted.

Later addressing a press conference, he said on Friday 98.10 per cent attendance was recorded compared to 98.76 for the same paper last year.

"Credit goes to children. First day, parents were scared and students were sceptical and there was a big challenge before us. But the children appearing for the exam instilled confidence. They came with masks, sanitisers and were careful about maintaining social distancing. Our children have set an example for others to follow," Mr Kumar said.

Lauding the students, parents and the government staff who made the exam possible ignoring the virus scare, Medical Education Minister Dr K Sudhakar said Karnataka has set an example by successfully conducting the examination.

The Karnataka Secondary Education Examination Board, which conducted the examination, faced various challenges. While protecting students from coronavirus infection was the top priority, transportation, security and convincing the parents to allow their children to take up the exam were the other factors it encountered.

According to sources in the department, the education officers had directed authorities of all the schools to call the parents and students to make sure that they appear for the examinations.

The Central Board of Secondary Education (CBSE) and boards of various neighbouring states either gave general promotion or decided to give marks to the students based on their performance in the earlier tests conducted by the schools.

The exams were conducted at a time when there was a sudden spurt in coronavirus cases in Karnataka, especially Bengaluru. Expressing apprehension, former chief minister and JD(S) leader H D Kumaraswamy had appealed to the government to postpone the examination but the government went ahead with its decision.

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News Network
March 3,2020

Bengaluru, Mar 3: Chief minister BS Yediyurappa on Monday introduced the Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2020, in the assembly to give voters the opportunity to reject candidates in civic polls.

The bill, if passed, will enable election officials to offer the NOTA option in the elections to municipal corporations on the lines of assembly and Lok Sabha polls.

An amendment bill which seeks to enable the government to set up a separate university for the districts of Raichur and Yadgir was also tabled. The government said the workload of Gulbarga University necessitated creation of a separate university for the two districts, a move that will also help reduce regional imbalance in Kalyana Karnataka region.

Another amendment bill seeks to allow industrial units, which have failed to start operations on allotted land after seven years, to sell off the parcels to another unit. Bills which empower authorised agencies to regulate turf clubs and horse racing and regulate salary and pension of teachers in higher education institutions were also introduced in the assembly on Monday.

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News Network
April 4,2020

New Delhi, Apr 4: The Supreme Court on Friday urged Karnataka and Kerala to amicably resolve their issues concerning a border blockade that has choked the free flow of vehicles carrying essential items and patients in the midst of the COVID-19 outbreak.

Karnataka, which imposed the blockade, justified that its border was sealed to “combat the spread of the pandemic by preventing the movement of people from the bordering districts of Kerala to Karnataka”.

The State had moved the Supreme Court, challenging a Kerala High Court order on April 1 to open the border. Kerala has countered that patients from the State cannot be denied access to health care. Besides, the blockade has severely affected the supply of essential items, from medicines to food, to Kerala.

On Friday, a Supreme Court Bench of Justices L. Nageswara Rao and Deepak Gupta urged the States to not confront each other in the midst of an unprecedented public health crisis. Instead, it asked the Chief Secretaries of both States to sit with the Union Health Secretary and iron out a solution. Meanwhile, the apex court urged Kerala not to take any precipitative action based on the High Court order.

The court issued notice to Kerala on the appeal filed by Karnataka, represented by advocate Shubhranshu Padhi. It listed the case for further hearing on April 7.

Karnataka, in its appeal against the High Court order, said the blockade was put in place in the interest of public health. The situation regarding Coronavirus was “really dire”, it said. It warned that opening the blockade would cause a law and order issue as its local population wanted the border to remain sealed.

Karnataka argued that Kerala was the “worst-affected” State in the country with nearly 194 coronavirus cases. In this, Kasaragod, adjoining Karnataka, was the “worst affected” district of Kerala with over a 100 positive cases.

MP’s plea

The court also separately considered a writ petition by Kasaragod MP Rajmohan Unnithan for an order to forthwith open the State border.

The parliamentarian, represented by advocates Haris Beeran and Pallavi Pratap, urged the court to issue an ex-parte stay on the operation of the blockade imposed by Karnataka with its border States.

Mr. Unnithan said Karnataka’s blockade was “ill-planned and dangerous” and had led to loss of lives. Two patients from Kerala, in need of urgent medical care, died after their ambulances were denied entry at the border by the Karnataka authorities. 

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