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 21,2020

New Delhi, Feb 21: A petition has been filed in the Supreme Court challenging the sedition case registered against a Karnataka school management for allegedly allowing students to stage an anti-CAA, anti-NRC drama that 'portrayed Prime Minister Narendra Modi in poor light'.

The petition seeks quashing of the FIR against the principal and other staff of the Shaheen School at Bidar who have been booked under sections 124-A (sedition) and 153-A (promoting enmity between different groups) of the Indian Penal Code.

In the petition filed on Thursday, social activist Yogita Bhayana has also sought an apex court direction for a proper mechanism to deal with alleged government misuse of the sedition law.

Section 124A of the IPC says that "whoever brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards... the Government shall be punished with imprisonment for life...".

Bhayana, in the plea, has sought a direction to the Centre and the Karnataka government "to quash the FIR registered in connection of seditious charges against the school management, teacher and a widowed parent of a student for staging a play criticizing CAA, NRC, and NPR."

The petition claimed the police "also questioned students, and videos and screenshots of CCTV footage showing them speaking to the students were shared widely on social media, prompting criticism."

It further quoted the school principal, alleging that "on one occasion, police in uniform questioned students, with no child welfare officials present".

The plea said that the "proceedings were violative of Article 21 (right to life and personal liberty) of the Constitution and abuse of process of law."

"Issue an order directing the Centre to constitute a committee to scrutinise complaints under 124-A IPC and adhere to judgments by the apex court before registering the FIR under the section 124-A IPC," the petition said.

The drama was staged on January 21 by students of fourth, fifth and sixth standard.

The sedition case was filed based on a complaint from social worker Neelesh Rakshyal on January 26.

The complainant has alleged that the school authorities "used" the students to perform a drama where they "abused" Modi in the context of the Citizenship Amendment Act and the National Register of Citizens.

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July 20,2020

A 32-year-old Dalit man was allegedly stripped and assaulted by a group of 13 youth in Karnataka's Vijayapura for reportedly touching a motorbike of an upper caste owner, police said on Monday.

"On a complaint by the Dalit victim (Kashinath Talwar), we have booked the 13 accused and investigating the incident, which occurred at Minajgi village near Talikoti on July 18," Vijayapura district Superintendent of Police Anupam Agarwal told reporters here.

"Though Talwar claimed that he touched the bike by mistake and pleaded for mercy, he said the accused severely thrashed him with sticks and footwear and took off his pants while he lay on the road haplessly," Agarwal said, citing from the victim's 2-page complaint in Kannada.

A video clip of the assault went viral on the social media and triggered outrage in the district against the upper caste accused, as the intervention by the victim's parents did not stop them from carrying the assault. Vijayapura is 524km northwest of Bengaluru.

Talwar's father Yankappa also alleged that he, his wife and their daughter were also attacked by the accused when they tried to rescue him from being brutally assaulted.

In a related development, two-three women in the village also filed a complaint with the police against Talwar for allegedly eve-teasing and 'flashing' before them.

"We have summoned Talwar to inquire about his conduct as the women alleged that he teased them, touched them inappropriately and exposed his private parts while they were washing clothes outside their houses," Agarwal said.

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February 9,2020

Bengaluru, Feb 9: A man in Karnataka fled just before his wedding after his parents cancelled the ceremony over a disagreement about the saree that the bride wore duiring a ritual.

BN Raghukumar, who belonged to a village near Karnataka's Hassan town, did not to show up at his wedding, acting on the directions of his parents. The incident took place on Wednesday.

"We have registered a cheating case against Raghukumar. He is absconding," Hassan Superintendent of Police Srinivas Gowda told news agency. The police have also registered a case against the groom's parents.

Raghukumar and BR Sangeetha fell in love a year ago and decided to get married with the consent of their respective families.

However, Raghukumar's parents asked Sangeetha to change her saree during some rituals as they were not happy with its quality.

Following this dispute, the groom's parents cancelled the wedding scheduled on Thursday and directed their son to run away.

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