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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May 23,2020

Udupi, May 23: Five more persons tested positive for coronavirus in the coastal district of Udupi today. 

They include three men aged 37, 55, 31 and two women aged 48 and 34. 

Among them four are returnees from Mumbai and one is foreign returnee.

With this the total number of covid-19 cases in the district rose to 55.

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News Network
May 28,2020

Mangaluru, May 28: A pregnant woman who returned from Dubai in a repatriation flight suffered miscarriage after she was allegedly denied entry to her apartment flat and also refused proper treatment in the institutional quarantine.

Fathima was put in a paid quarantine facility after she returned on May 12 flight for her first delivery.

On the second day of her return, she tested negative for Covid-19 in the first test. As per SOP (Standard operating procedures) for pregnant women, she was ready to shift to her apartment, Shivdeep Residency, located at Shivbhag in the city for home quarantine.

However, the members of the Resident Welfare Association of the apartment who got a whiff of her arrival, called an emergency meeting the previous night and reportedly informed the pregnant woman that her entry to the flat would put other residents in trouble and suggested that she stay away.

Sources said the RWA consists of some serving and retired police officials.

With no other go, the woman continued in the paid quarantine.

Treatment for a pregnant woman?

Fathima's father-in-law Azeez Bastikar said the doctors who attended her during the quarantine did not provide proper healthcare required for a pregnant woman and also refused to touch her, out of fear.

Many a time, they did not even check her BP, saying that they ‘forgot to bring the kit’. When her situation worsened, the family members contacted several hospitals in the city but all of them allegedly refused to admit her, fearing the sealing down of the hospital in case she tests positive on the 14th day COVID test.

Finally, the six and half months pregnant woman was shifted to a clinic on Wednesday after her 14th day test had turned negative.

The doctors who checked her found out that she had suffered a miscarriage and operated on her to remove the stillborn. The doctors said further delay would have costed the woman her life.

Meanwhile, on Thursday, Azeez Bastikar approached Deputy Commissioner Sindhu B Rupesh, seeking action against the doctors and hospitals who denied treatment and the RWA who refused her entry to the apartment.

Stating that the ill-treatment meted out to her daughter-in-law by doctors and others added to her trauma resulting in the miscarriage, he appealed to the authorities to ensure that no one else is treated in a similar manner.

He said that Fathima and her husband live in Dubai and that she came to India for a safe delivery as the situation was critical in Dubai.

The paid quarantine facility where she had to continue after RWA denied her access, charged her Rs 60,000 for her stay.

Meanwhile, the MCC commissioner Ajith Kumar Hegde on Thursday issued a notice to Shivdeep Apartment for refusing Fathima's entry.

The apartment has to respond within three days, failing which legal action will be initiated against it.

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News Network
March 13,2020

Belagavi, Mar 13: Former Karnataka Minister and Senior Congress leader H K Patil on Thursday alleged that the ruling BJP government headed by Chief Minister B S Yediyurappa has shown negligence towards completion of the irrigation projects in North-Karnataka region.

Mr. Patil said that no sufficient provision was made in the Budget for 2020-21 presented by Yediyurappa on March 5.

North Karnataka region people, farmers, and leaders expected more fund allocation to complete the pending and ongoing irrigation projects, but they are disappointed.

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