Ban oral, unilateral and triple talaq; stop polygamy: Central govt panel

March 31, 2016

New Delhi, Mar 31: A high-level committee set up by the Central government to review the status of women in India has reportedly recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy - a demand already made by a majority of Indian Muslim women.

talaq

As per a report published in the leading daily The Indian Express, the assessment of family laws governing Muslim community members is part of a voluminous report submitted last year by the panel appointed by the previous Congress-led UPA government.

However, the recommendations of the panel have not been made public as yet.

The Supreme Court, while responding to a plea on the divorce norms, had on Monday directed the Centre to produce the report within six weeks.

The plea was filed by a Muslim woman hailing from Uttarakhand against her triple talaq.

The recommendations of the panel supports the demand for the ban on the grounds that such talaq renders “wives extremely vulnerable and insecure regarding their marital status”.

The panel, in its report, has recommended specific amendments to the Dissolution of Muslim Marriages Act 1939 coupled with suggestions for introducing provisions to provide interim maintenance.

The report states that payment of maintenance to the wife and children must be made mandatory in the event of separation or divorce.

The landmark ruling of the Supreme Court in 1985 in the Shah Bano case recognised the Muslim woman's right to maintenance, but was never actually codified in the Muslim personal law.

The report further states that ''all judges should be made aware of the manner in which the SC has interpreted the Muslim Law and has safeguarded the rights of Muslim women.”

The 14-member committee, which was constituted by the Ministry of Woman and Child Development under the UPA government in February 2012, was reconstituted in May 2013.

It was headed by Pam Rajput, founder director of Centre for Women's Studies, Punjab University.

Last year, a survey conducted by the Bharatiya Muslim Mahila Andolan (BMMA) claimed that 92.1 percent Indian Muslim women want oral, triple talaq to be banned.

Comments

Naren kotian
 - 
Friday, 1 Apr 2016

hahaha howdu mama , mama helda avnu helidaage madrappa , research anthe kumda ...1400 years bere ... funny ... we have seen your law in ISIS . to rape non muslims how ur law was used ... fight maga , do onething .. first muslims show they practise 100% sharia , then we will believe ... 95% crimes , rapes , terrorism , cheating , fraud , chain snatching done by your community ... first role model agi amele nimma religion law na national law alla international law madana ... i was reading a funny groom requirement in one muslim matrimony website .. groom must grow very long beard anthe ... mama nin research prakara yaake mama? helappa .. beard gu dumtaka madkolodakku difference yenappa ...

Abumohammed
 - 
Thursday, 31 Mar 2016

Rasheeda can wear bikini in summer season it's best for you, like uncovered chocolate

Abdul
 - 
Thursday, 31 Mar 2016

In Islam TALAK(divorce) is not easy way. For Talak(divorce) should be pass from 3 stage. that's called 3 TALAK.
Some Muslims and Non Muslims thinking that, one who telling at a time 3 TALAK, TALAK is over. It is again shariya(LAW) and they donot fear Allah(s).
Muslim cannot give TALAK for simple issue. Allah(s) will punish those who are giving TALAK for simple issue and those who not follow correct way of TALAK.

Muhammad
 - 
Thursday, 31 Mar 2016

Islam gives ways for couple who couldn't get together...In certain religion there is no such concept of divorce once they are married there is no way of separating till death ...In Islam talaq or divorce is discouraged...If the couple can't get together then it provide means to seperate through talaq...If once talaq is said it doesn't end in divorce in between there is way to reconcile,couples should try to keep aside their differences..Only if scuffle further continues then it is better way to get divorced rather than ending in violence..There is nothing called 3 talaqs in single setting..It is against the concept of talaq..There are people who misuse it..There is talaq and waiting time
For women there is concept of khula if the men doesn't look his wife well she can divorce him through Khula...
For those who comment with pseudoname on burkhah...Burkhah is not recommended...Islam only says cover your hair and body and be modest...If someone is unhappy they can go in khujrao style we are not forcing them..For men too there is hijab..I.e from top of navel till knee..Body of men and women are not the same.......Most of our women wear burkhah willfully..Not like a man forcing women and tying tali on her neck..which she has to carry the burden till her death

Nagus
 - 
Thursday, 31 Mar 2016

BCH & MCH .... Krishna polygamy? Venkatesha polygamy? I also polygamy. So what turkanna. Anything I am readyMCH. Rule must be same for all human beings.Every one who sticks to one God are fanatic MCH. so shut up.

suresh
 - 
Thursday, 31 Mar 2016

Dear avinash, Your comments shows how ignorant you are. Please think and analyze. Hizab is required in public places not at home. This is for security and modesty of the women. Actually she is not suffering , the person who want to see her beauty or nudity is suffering. Please check the diffrence between the women who wear hijab and other with sari. In sari you can figure out everything about that women which usually men like you want. This is weakness of all the men.
Hijab also treats all the women at par. You can not differentiate her as white/ Black, rich or poor, what she wear costly one or cheaper one? I think hijab should applied for all the women irrespective of religion for the safety and modesty of the women.

Rashid
 - 
Thursday, 31 Mar 2016

Regarding Talaq & polygamy , We know , sometimes uncultured people misused and endangered to the life of muslim women .. but compared to misuse of human laws or any national laws , is misused very less ... even complaints by muslim women also very rare except some modern women by the influence any particular vested interests....
In a civil country , if anybody misused law , actions to be taken against them , banning it is not the solution...
Burkha , Hijab are the modest dress to pious people .. there is no compulsion to wear it , if you doesn't like , you may find , a lot muslims , who do not wear burkha or hijab... questioning others rights to wear is like..... I am prostitute ... demand for others also same....!

NK
 - 
Thursday, 31 Mar 2016

Now a days there is season of challenge done on Islamic rules ....
Good for NON MUSLIMS ... (Other wise there are some honest non muslims who are EAGER to know about the CREATOR, if such thing doesnt happen they will never know who is their TRUE creator)
Despite several reminders from Muslim leaders which they also quote from various religious scriptures that GOD is one and Worship him ALONE...
People are still not waking up for the message of ONE GOD. who created them and all that exists..
Now There are few leaders who challenge the GOD's law...
& We MUSLIMs expect that cos Prophet Muhammad pbuh said a Time will come when people dont know who is their CREATOR. and there will be many followers who will follow BLINDLY (Without even pondering HOW they Got this LIFE, What is the purpose of LIFE and living a life of UNAWARE)>>> It is happening infront of our EYES in the present age..
If we study sharia law.. We will never complaint on its wisdom.. But When the ignorant leaders make bow bow many who doesnt know or read about sharia law are all clapping the hand and queing up to jump in DARKNESS>>>
Study SHARIA LAW and know who is the CREATOR.
Know one thing GOD is most merciful... He gave many chances to Pharoah, the most evil person who tortured the people of MOOSA Pbuh during his time... We should read about his END
We should escape the END result... which will show the real MARKS whether you Passed or NOT.
Know the rule of the CREATOR and STop your following BLINDLY

KhasaiKhaane
 - 
Thursday, 31 Mar 2016

Hmm.. Not Surprising, the Central Govt. Panel (moderated by VHP ) is keen on enforcing a law like this.
Dear Sanghis, remember the song in kannada - \ Naari ya Seere kadda, Radheya Manava Gedda, Kallara Kalla KRISHNANU..\" :-D
And they want ban on polygamy..What irony !!

With regards to muslim women asking for such law, we muslims wouldn't really have much of problem if the Govt. brings such law. We understand these women, as some men tend to take unfair advantage of the given Shariah Law. Infact, this law banning such Talaq, and polygamy, will make us more responsible of our community and discipline us.
Banning hijab, hmm don't even think of it. If these women don't want to wear, let them not be forced. and let them
also not enforce their thoughts on other women who want to wear Burkha/Hijab etc...

BTW, Can sanghis help me in identifying the names of these models in the architecture of Khujarao , Belur temples..."

Curious
 - 
Thursday, 31 Mar 2016

Comment by so called Rasheeda looks doubtfull name. First of all there is no compulsion in islam. Any one need to follow the shariah of allah can follow ,if you need to follow satan you can do that. But always make the better choice for yourself. Choose paradise instead of hell, hell fire is much more more hotter than this worlds peak summer.

BUNCH OF JOKER…
 - 
Thursday, 31 Mar 2016

Make Islamic law a Indian law so that it will become uniform law. Since Hindus or Christians do not have any religious laws there should not be any problem for them to follow Islamic law. Hope Govt of India make Sharia law applicable to all Indian citizens. Please note Criminal Law is already applicable equally irrespective of their religion & Muslims do not have problem with that. 1400 years of research has been done on Islamic sharia law and is practical law unlike man made laws.

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coastaldigest.com news network
June 28,2020

Mangaluru/Udupi, June 28: The coastal districts of Dakshina Kannada and Udupi have recorded 97 and 40 fresh coronavirus positive cases in last 24 hours. 

With the highest single day spike, the total covid-19 positive cases in Dakshina Kannada mounted to 665, among which 272 cases are now active.

So far 313 people have recovered and discharged from the hospitals. 13 covid-19 patients have passed away. Two among them have died due to non covid reasons. 

With the 40 fresh cases, Udupi’s total mounted to 1179, among which only 135 cases are active. 1042 people have recovered and discharged from the hospitals. Two people passed away.

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News Network
May 30,2020

Madikeri, May 30: Environmentalists have opposed the Karnataka Forest Department and the Public Works Department’s move to erect concrete pillars and marking of trees to construct a proposed road from Patti to Todikana within the Talacauvery Wildlife Sanctuary near Talacauvery in Kodagu District.

They have urged for immediate stopping of road works in a protected area.

In a letter to Conservator of Forests, Mysuru Circle, T Heeralal and DCF (Territorial and In-charge Wildlife) S Prabhakaran, the Trustees of Wildlife First K M Chinnappa and A A Poovaiah have termed the road works illegal and violates Supreme Court order on National Parks and Wildlife Sanctuaries.

The letter’s copy has also been sent to Principal Chief Conservator of Forests (Head of Forest Force), and Kodagu Deputy Commissioner urging them to halt the progress of the road works. “Patti and Todikana are at the core of the Talacauvery Wildlife Sanctuary and such unilateral activities without complete approval on completion of the statutorily mandated procedure (both under Forest Conservation Act and Wild Life Protection Act),” the letter stated.

The letter added that they would be forced to move the Courts and the officers who have given approval to the project would face legal consequences.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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