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.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 5,2020

Bengaluru, Feb 5: Despite installing a BJP government in Karnataka through disguised operation Kamala, the Prime Minister Narendra Modi-led union government has continued its step motherly attitude towards this south Indian state.

Under the new formula adopted to share central taxes among states Karnataka will be the worst-affected. Though the 15th Finance Commission has recommended a special grant of Rs 5,495 crore for the state for 2020-21, the Centre appears reluctant to pay up and instead has asked for the proposal to be reviewed.

During the Union budget, the report of the 14th Finance Commission headed by NK Singh for 2020-21 was tabled in Lok Sabha. It shows besides Karnataka, Telangana, Mizoram and Kerala saw their central tax share decrease, while Uttar Pradesh, Bihar and Maharashtra were top gainers.

Karnataka's share has decreased from 4.7% provided by the previous finance commission, to 3.6%. Acknowledging there is a steep decline in Karnataka's share from 2019-20, the finance commission has recommended a special grant of Rs 5,495 crore for the state.

Its share in 2019-20 was Rs 36,675 crore, but under the new formula, Karnataka will get only Rs 31,180 crore in 2020-21 from the divisible pool of Rs 8.5 lakh crore - a decline of 22.5%.

Also, the decrease for Karnataka comes on the back of a shortfall in 2019-20. While the state was entitled to Rs 39,806 crore from the divisible pool, it got only Rs 36,675 crore as the Centre suffered a tax revenue shortfall of Rs 1.5 lakh crore.

What is more disheartening though is the Centre's refusal to pay the special grant. Instead, the Union finance ministry has asked the finance commission to reconsider the recommendation. This has prompted the state to take up the issue with the Centre.

"The decline in central taxes devolution comes at a time when the state is going through a tough financial situation. Steps are being taken to ensure Karnataka gets justice," said chief secretary TM Vijay Bhaskar.

Officials said besides corrective measures for 2020-21, the focus will be on ensuring a fair share in subsequent years. However, Karnataka has little chance of getting its dues as the Centre is known to be prudent when distributing tax proceeds among states.

"The Centre has certain views on devolution. We have done our duty by submitting the interim report. It's up to the states to convince the Centre," said Ravi Kota, joint secretary of 15th Finance Commission.

Under the new formula, the commission changed the weightage for some of the six criteria it considers - population, area, forest cover, income distance, demographic performance and tax effort.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 7,2020

Mysuru, Apr 7 Following a tiger at Bronx Zoo in the US, testing positive for COVID-19, Mysuru Zoo authorities here have taken measures to contain the spread of the dreaded disease as per the directions of the Central Zoo Authority (CZA).

The Zoo is on alert and the animal keepers are not allowed to enter the enclosures without safety gear. It is mandatory for the personnel to undergo thermal screening before entering the Zoo. The personnel are provided with safety gears such as masks, gloves and Sanitisers. The CZA has directed to spray disinfectants near the enclosures of the animals and has also directed to monitor the animals’ behavior.

Zoo Authority of Karnataka Member Secretary B P Ravi said, "COVID-19 was detected in a domestic cat two weeks back in Hong Kong. Due to the outbreak of bird flu in Mysuru, we have taken all precautionary measures to combat COVID-19."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 9,2020

New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.