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
June 7,2020

Bengaluru, Jun 7: Suspense over JD(S) patriarch HD Deve Gowda contesting the Rajya Sabha polls from Karnataka with Congress' support continues as KPCC president D K Shivakumar on Saturday said the party has fielded one candidate and the high command will decide on what do with surplus votes.

Mr Shivakumar also said his official takeover as party state unit president is likely to take place on June 14.

"Whatever our national leadership will decide... For now we are fielding only one candidate, regarding surplus votes whatever our high command says, we will abide by it," he said in response to a question about supporting Deve Gowda.

Polls for four Rajya Sabha seats from Karnataka is scheduled for June 19.

The Congress, which can win one seat with its strength in the assembly, has fielded veteran party leader Mallikarjun Kharge as the candidate, while the BJP is yet to decide on candidates for two seats it can win.

The JD(S), which has 34 seats in the assembly, is not in a position to win a seat in Rajya Sabha on its own, and will need support from one of the national parties with their surplus votes for this.

Minimum 44 votes are required for candidates to win.

Speculation is rife that congress is likely to support JD(S) with its surplus votes if the regional party fields Mr Gowda, and in return may seek favour during legislative council polls slated later this month.

Though JD(S) legislators are of the unanimous opinion that Mr Gowda should contest Rajya Sabha polls, the 87-year-old leader is said to be undecided and weighing options.

If he contests and wins, this will be the second Rajya Sabha entry for him, the first time being in 1996 as Prime Minister.

June 9 is the last date for filing nominations.

Stating that on June 8, Mallikarjun Kharge will file his nomination for Rajya Sabha polls, DK Shivakumar requested party workers not to come to Congress office or Vidhana Soudha, where the nomination will be filed, because of the COVID-19 pandemic.

"Let your love and affection continue, but let's not create problems by gathering here. After the election is over, and once he (Kharge) wins, you can greet and congratulate him. Let's not bring a bad name to his seniority for not maintaining social distancing by gathering," he said.

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News Network
July 6,2020

Bengaluru, Jul 6: Karnataka government has revised quarantine norms according to which those entering the State from other states, including from Maharashtra, shall be placed in 14-days home quarantine.

Until now, the state government had issued that those returning from Maharashtra are to be placed under 7-day institutional quarantine followed by 7-day home quarantine.

A fresh state government order with the subject line "Regulation of movement of persons from other States to Karnataka" reads: "Whereas the State Government vide Order dated June 30, issued unlock 2 guidelines which permit reopening of more activities in a calibrated manner, in areas outside the Containment Zones, and to extend lockdown in Containment Zone upto July 31. The guidelines also permit unrestricted interstate movement of persons and goods adhering to the SOPs/ Guidelines issued by the Department of Health and Family Welfare and Department of Revenue (Disaster Management)".

Whereas, the Department of Health and Family Welfare issued revised SOP for the moment of persons from other State to Karnataka vide document dated June 8, this year, further, quarantine norms were modified vide Orders of even number dated June 15 and June 26.

"The quarantine norms are regularly reviewed and calibrated with the prevailing Unlock 2 guidelines and infusion of technology and community involvement to enforce the strict home quarantine. In light of the above, the quarantine norms issued vide Order dated June 26, has been further modified and is follows--Persons coming from other State to Karnataka, including Maharashtra shall be placed in 14-days Home Quarantine," the order read.

"The other conditions as specified in the Order dated June 15 and aforementioned SOP enclosed issued on June 8 by the Department of Health and Family Welfare shall continue to be in force until further orders," it added.

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News Network
April 7,2020

Udupi, Apr 7: The district administrations of Udupi and Uttara Kannada districts have appealed to the state government to request Indian Council of Medical Research (ICMR) to allow COVID-19 tests at Manipal’s Kasturba Hospital.

Kasturba Hospital was granted approval by the ICMR to conduct tests on samples to detect the novel coronavirus on March 24, however it rescinded it later.

Udupi district Deputy Commissioner (DC) G Jagadeesha stated that the Council did not provide any reason for the cancellation of approval; his office has requested the Chief Secretary to pressurise the Council in granting approval again.

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