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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February 1,2020

Shivamogga, Feb 1: A three-year-old girl who fell out of a moving vehicle had a miraculous escape in Agumbe Ghat section in Teerthahalli taluk of Shivamogga district of Karnataka.

The incident took place in the early hours of Friday when 12 members from three different families were returning from a tour of Kerala and Tamil Nadu. The girl was reunited with her family after 30 minutes of high drama.

The child, identified as Anavi, is believed to have fallen from the vehicle as it negotiated hairpin bends on the Agumbe Ghat road, 350km from Bengaluru. The child's parents, Binu and Lincy, from NR Pura in Chikkamagaluru district, and other family members reportedly dozed off and did not realize the child had fallen off the vehicle until they covered a distance of about 20km.

One of the family members noticed that child was missing from the seat next to the door. When the driver realized the door latch had given way, they suspected the child could have slipped out of the vehicle.

Then the family started searching along the road and learnt from a forest guard at the Agumbe checkpost that a missing child was found and it had been handed over to Agumbe police station.

An advocate who identified himself as Vinay spotted the girl child as he passed the deserted stretch minutes after the vehicle left and picked her up and handed her over to Agumbe police.

The child sustained minor injuries in the fall. She was provided medical treatment before she was handed over to the parents.

Sources said it wasn't known how the vehicle door opened. One theory is that the girl could have accidentally unlocked the door while clutching the latch in the bumpy ride on the ghat. Police did not file any complaint.

Similar incident

This incident is almost a rerun of a Kerala incident in which a one-year-old baby fell off a moving jeep and was reunited with its mother hours later in September 2019 in Idukki district.

The baby had slipped off the mother's arms while she dozed off in the vehicle. CCTV footage showed the baby, after falling on the road, crawling towards a lit-up area close by, which turned out to be a forest checkpost. Family realised child was missing after 20km.

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News Network
June 14,2020

Kozhikode, Jun 14: A mosque in Kuttichira of Kozhikode has found a unique way to avoid crowding amid the COVID-19 pandemic. The committee that runs the mosque has started issuing smart cards to people for offering prayers and simultaneously encouraging social distancing.

"The committee has given smart cards with numbers to the people in the surroundings of the Masjid. One who enters the mosque premises has to rub their hands with sanitizers. They also have to tell their identity on camera. The automatic system has been put in place to save the address and phone number. Next time onwards they have to say their smart card number only so that other details will be automatically filled," said Muhammad Sajjad, who is part of the Mosque committee.

"The door of the mosque will open automatically after swiping the card. We have fit in a sensor on the doors. We have also made marks inside the mosque area so that people can abide by social distancing norm," he added.

A couple of days back the Kerala government has rolled out an order allowing the opening of places of worship, malls and restaurants from June 9 in strict accordance with guidelines and social distancing norms. As per the guidelines, pregnant women and those with co-morbidities should not visit any places of worship. Those with symptoms should not be allowed.

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February 7,2020

Bengaluru, Feb 7: The Bruhat Bengaluru Mahanagara Palike (BBMP) ordered the destruction of a tilted building in the city after evacuating about 150 people from 35 families in the vicinity, an official said on Thursday.

"The top portion of the building has been destroyed 70 per cent today (Thursday). Later, the destruction contractor will allow machines to be used," Bruhat Bengaluru Mahanagara Palike (BBMP) Yelahanka joint commissioner Ashok said.

Located on Vinayaknagar Street in Hebbal's Kempapura, the five-storey building being used as a hostel for boys got tilted on Wednesday morning, spreading panic in the neighbourhood.

Though the tilted building owned by one Rahul, a jeweller, was a sound structure, Ashok said a neighbour, Babu, hired a JCB excavator to dig deep beside the affected structure to build his own structure.

"Babu not only dug very deep but also damaged the foundation pillar of the tilted building, weakening the structure and leading to its slant," said Ashok.

Babu has been booked and arrested even as the police are on the look-out for the JCB owner and operator.

The titled building erected five floors unauthorisedly and falls into the B Khata category. It was constructed without the civic body's plan, said Ashok. 

A Khata and B Khata denote the two types of khatas that exist under BBMP. Khata is a document which shows a property owner having an account with the municipality to pay taxes. An A Khata denotes that the building owner has paid relevant property taxes and that the building conforms to building bylaws and government rules. A B Khata denotes that the building is in violation of government regulations regarding properties in Bengaluru, even when the civic charges for the property have been cleared by the owner.

"As per procedure, we issue notice, but such constructions are rampant in the city. Under the BBMP jurisdiction, there are 15 lakh B Khata structures," said Ashok.

For all B Khata sites, the civic body does not give any plan and there is no proper control on them, he said.

Ashok said the case to regularise the B Khata buildings to A Khata buildings is currently pending in the Supreme Court.

Luckily, no injury or loss of life has been reported from the tilted building.

The civic body arranged alternative accommodation for the affected families, but most of them chose to stay with their relatives, said Ashok.

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