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
March 1,2020

Mangaluru, Mar 1: Noted Konkani writer and theater personality Richard John Pais died on Sunday after a brief illness, family sources said.

He was 51. He is survived by wife and two children.

Known in literary circles as ‘RJP’, his short stories, satirical writings, and poems were very popular.

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News Network
April 22,2020

Bengaluru, Apr 22: The Karnataka government has announced partial relaxation of COVID-19 lockdown norms in the state allowing certain construction activities, manufacturing of packaging materials, courier services, among others, from April 23.

The activities will be permitted only outside the COVID-19 containment zones identified by the government.

Service provided by self-employed people like electrician, IT repair, plumbers, motor mechanics, and carpenters in local areas have also been given exemption.

Tea, coffee and rubber plantation have been allowed to work with 50 per cent workforce, and a similar exemption have been given to processing, packaging, sale and marketing of these produce.

“To mitigate hardship to the public, select additional activities have been allowed,which will come into effect from 00.00 hours of April 23,” Chief Secretary TM Vijay Bhaskar said in an order on Wednesday.

However, these additional activities will be operationalised by District Administrations and BBMP (city corporation in the case of Bengaluru city) based on strict compliance to the guidelines on lockdown measures, it said.

Before operating these relaxations, district administrations and BBMP (city corporation) shall ensure that all the preparatory arrangements on social distancing in offices, work place establishments as also sectoral requirements are in place, it said, adding that relaxations will not apply in containment zones.

Facing a financial crunch, the state government has been eager to kick-start economic activities in the state that had come to halt due to the coronavirus lockdown.

While hospitality services, bars, malls, theatres, shopping complexes, religious and places of worship among others will continue to remain shut, relaxation of norms has been for activities that are linked to essential services such as health, infrastructure and agriculture.

As per the order, while, public transportation will continue to remain suspended till May 3,private vehicles with passes for emergency services and personnel commuting with passes to places of work and back will be allowed.

Activities permitted include construction of roads, irrigation projects, buildings and all kinds of industrial projects, including MSMEs, in rural areas and all kinds of projects in industrial estates, where workers are available on site and no one is required to be brought in from outside.

Also permitted to function are manufacturing units of essential goods – drugs, pharmaceuticals, medical devices, their raw materials and intermediates;

food processing industries in rural areas, coal production (mines and mineral production and activities incidental to mining) besides manufacturing units of packaging materials.

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News Network
May 21,2020

Kozhikode, May 21: Six employees of a private clinic here and a taxi driver have been put on mandatory 14 days quarantine as a lady gynaecologist running the dispensary tested positive for COVID-19 in Bengaluru.

District Medical Officer Dr V Jayashree said the gynaecologist had returned to Karnataka a fortnight ago and tested positive while she was on quarantine there. Six staff members of the clinic at nearby Thamarassery and the taxi driver who dropped her inBengaluruon May 5 have been asked to go on quarantine, she said.

Patients had visited the clinic, belonging to the gynaecologist and her doctor husband, till April-end. Sources said the district administration is trying to figure out thecontacts of the gynaecologist, including pregnant women, for being quarantined.

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