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.

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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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July 23,2020

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

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News Network
February 19,2020

Bengaluru, Feb 19: Karnataka Chief Minister BS Yediyurappa is facing major dissent within the party and the BJP MLAs held a meeting on Tuesday night at former Chief Minister Jagdish Shettar's residence to discuss the functioning of Yediyurappa-led government, said BJP sources.

According to BJP sources, some of the unhappy BJP leaders and MLAs met last night at Shetter's place and expressed that they are not satisfied with Yediyurappa's leadership.

Last night's meeting shows that party leaders are looking to bring down Yediyurappa from the Chief Minister's post by sending a clear message to the high command that Yediyurappa is incapable of continuing as the CM, said BJP sources.

Other sources in BJP have also asserted that BJP leadership in Karnataka is looking for a "leader" who can lead the party in upcoming elections which is going to be held after three years. At this point of time, it's crucial for BJP to promote second-line leadership.

Meanwhile, a letter is being circulated in the BJP party forum and over social media against Chief Minister Yediyurappa's leadership.

It looks like the same team which is unhappy with Yediyurappa's leadership is trying to convey the same message to their high command. The letter which is being circulated says to be written by one of these leaders' groups against Yediyurappa and his son Vijayendra.

On this, Congress leader Ramalinga Reddy told media, "Maybe the letter is written by the same MLAs because after the expansion of Karnataka cabinet so many leaders from BJP were kept out."

"There is a lot of discontent among BJP MLAs that the ones who have toiled for the party day and night have been neglected from the cabinet expansion. This will definitely result in destabilisation in the government," said Eshwar Khandre, KPCC Working President.

Now party high command needs to look into Karnataka leadership to manage the government in the state.

"Now BJP leadership in Karnataka and Delhi need to look into the matter and need to solve the issue after cabinet expansion," said a BJP leader.

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News Network
March 6,2020

Bengaluru, Mar 6: The Karnataka Congress on Thursday termed the budget for fiscal 2020-21 presented by the B.S. Yediyurappa government as the "weakest ever state budget".

"This is the weakest budget ever that our state has had. There is no clear cut provision in the budget for industrial growth or to generate jobs. No clarity on department wise allocation," tweeted Congress.

Congress leader Dinesh Gundu Rao said he did not expect such a bad budget which has discriminated on agriculture and education sectors.

"The state budget does not mention major irrigation projects like Kaveri valley and Krishna. No farmers loan waiver," noted Rao.

The opposition party has criticised the ruling Bharatiya Janata Party (BJP) that the potential of Karnataka was not realized to generate revenue through this budget.

Assailing the additional tax on petrol and diesel, Congress said the development will lead to price rise and is a huge disappointment.

"People are reeling under high inflation and reduction in income. BJP has rubbed salt into injury by further increasing prices and providing no relief to common man," said the party.

Bhalki MLA and Karnataka Pradesh Congress Committee working president Eshwar Bhimanna Khandre pointed out that the Centre gave the state only Rs 1,869 crore, despite a loss of Rs 35,160 crore in 2019.

Calling stamp duty reduction for housing within Rs 20 lakhs as an insult to people, Congress questioned the Chief Minister and BJP to first show where in Bengaluru does one get housing within Rs 20 lakh.

"This is mockery of people. No mention or allotment to universal housing programme that Congress government had delivered," claimed Congress.

Focusing on Karnataka capital Bengaluru, Congress slammed the BJP saying no proper revenue policy has been mooted.

"Last mile connectivity issue not addressed. Drinking water issue is not mentioned. No mention of peripheral ring road. No mention of Akrama-Sakrama and no thought process has gone in while planning Bengaluru," tweeted the party.

The party said Yediyurappa has admitted that there is a financial crisis in his budget speech.

"He admits Rs 8,883 crore aid has been cut, around Rs 11,000 crore state share from Centre has been cut. No additional allocation for flood relief. What is stopping him and 25 members of Parliament to question the centre," observed Congress.

Former chief minister Siddaramaiah mocked Yediyurappa that though he calls himself a farmer''s son, he delivered an anti-farmer budget.

"No one will benefit from this budget. A complete failure to boost the economy, to realize inclusive development and to improve standard of living," he tweeted.

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