SC suspends triple talaq for 6 months, asks Parliament to make a law

Agencies
August 22, 2017

New Delhi, Aug 22: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect. The top court also asked the Parliament to bring in the new law to govern the issue. Three out of five judges hearing the case have declared triple talaq as 'arbitary' and 'unconstitutional'.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

Uttarakhand-based Shayara Bano was the first to file a petition in the Supreme Court of India challenging the constitutional validity of Triple talaq.

Expressing happiness on the judgement, Bano told Zee News, “I know the law of triple talaq cannot end. But the Supreme Court has ended the practice. It's a great judgment for Muslim women across the country and for our future generation.”

She further added, “There is no mention of teen talaq in Quraon. It's a fabrication of the society.”

“I have not even seen my children in the last two-three years. I don't know what's happening to them. I hope no one goes through such tremendous mental pressure. Because of triple talaq, children are suffering physical and mental harassment,” said Bano.

“Triple Talaq is a violation to equlity and the dignity of a woman,” said Monika Arora, Supreme Court advocate.

The judges had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

The Chief Justice of India (CJI) J S Khehar, while reading the judgement, said that "talaq-e-biddat is not in violation of articles 14,15, 21 and 25 of the Constitution."

He further said the talaq-e-biddat is an integral part of Sunni community, which is being practiced for the last 1000 years.

During the hearing, the top court observed that the practice of triple talaq was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

The Centre had told the bench that it introduce a new law to regulate the instant divorce practice among Muslims, if triple talaq is held invalid and unconstitutional by the top court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"

As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the All India Muslim Personal Law Board (AIMPLB) asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.

However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope" and cautioned the bench that "testing the validity of customs and practices was a slippery slope".

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

Comments

Close your eyes and think who created this, when i was close my eyes i can`t see anything and ask your creator to guide me in Right path , Don't blame Islam , blame yourself that you can`t identify your  creator.

Sangeeth
 - 
Tuesday, 22 Aug 2017

Dear Saleem, If you want to live in India, then you should follow Indian laws and rules. Any country like that only. I cant live in Saudi without following their rules. Modiji is doing right thing in that way...

Sandesh
 - 
Tuesday, 22 Aug 2017

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Unknown
 - 
Tuesday, 22 Aug 2017

Islam not just a religion its a lifestlye for peaceful life

Saleem
 - 
Tuesday, 22 Aug 2017

SC cant decide our laws

Rakesh
 - 
Tuesday, 22 Aug 2017

Contradiction is in the case of PM

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News Network
May 4,2020

Bengaluru, May 4: First year Pre-University results of Karnataka Department of Pre-University Education will be released soon.

According to a report, the first year PU result will be released on the registered mobile numbers of students or parents on May 5. The report also asked the colleges which offers PU course that the PU results should not be released on the notice boards.

This measure has been taken keeping in view to avoid gatherings in and around the institutions to prevent the spread of coronavirus.

The Deccan Herald report also said the students who are not able to clear the exams after the PU results are declared will be given a chance to appear for supplementary examinations in college level and further details on this will be shared with the institutes by the department in due course.

"After the declaration of results, colleges can conduct online classes for students who are eligible to attend second year PU classes," the report added.

The state is yet to complete the SSLC (class 10) and PU second year (higher secondary or class 12) examinations as the spread of coronavirus and subsequent lockdown announced by the government has put the whole academic activities out of gear in the state.

Recently, the education minister has said the SSLC examinations in the state will be conducted as it is a "crucial stage in a student's life".

"We will consider it (SSLC examinations) when the situation becomes normal," The New Indian Express quoted the minister as saying.

The Karnataka SSLC exam was scheduled to be held between March 27 and April 9, and over eight lakh students had registered for the exam.

Updates on the date and other decisions regarding PU second year exams are awaited.

Earlier, the school education department had decided to promote class 7 and 8 students without any exams in the wake of lockdown aimed at controlling the spread of COVID-19.

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News Network
March 9,2020

Kolkata, Mar 9: A diabetic man died in the isolation ward of a hospital in West Bengal's Murshidabad on Sunday, a day after he was admitted there with suspected symptoms of coronavirus following his return from Saudi Arabia.

According to doctors, he was admitted to the hospital with fever, cough and cold.

Though test results of his blood and swab samples for novel coronavirus were awaited, it can be said that he died probably of diabetes, Director of Health Services Ajay Chakraborty told PTI.

"The man was highly diabetic and was on insulin. He returned home from Saudi Arabia and had no money to take insulin for the last three to four days.

"He was also suffering from fever, cough and cold. He was admitted to the isolation ward of the Murshidabad Medical College and Hospital yesterday and died today," the health services director said.

"We are waiting for the results of medical tests. The possibility of his death due to novel coronavirus infection is remote," he said.

However, precautions will be taken during the last rites of the victim according to the directives set by the central and state governments for patients who die of the virus, another senior official said.

"Family members will not be allowed to touch the body since the man had been suffering from cough and breathlessness. Those performing his last rites will be given protective gear, masks and gloves. Though test results are yet to be known, we do not want to take any chance," he said.

Meanwhile, the state health department has issued a directive to all private medical facilities to create a system for assessing all patients at admission allowing early recognition of possible COVID-19 infection and immediate isolation of patients with suspected novel coronavirus infection in an area separate from other patients.

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News Network
June 5,2020

Bengaluru, Jun 5: An FIR has been filed against former journalist and human rights activist Aakar Anil Patel in Bengaluru here over his comments on social media under charges pertaining to provocation with intent to cause riots.

The FIR was registered under Section 117 (abetting commission of an offence by the public or by more than ten persons), 153 (wantonly giving provocation with intent to cause riot), and 505-1-B (intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of the Indian Penal Code (IPC) at the JC Nagar police station.

According to the FIR filed on June 2, Patel had tweeted that protests like the ones in the US over George Floyd's death are needed in India by the marginalised communities.

Patel, former chief of Amnesty International India, had on May 31 posted from his Twitter account, which is not verified.

On May 25, Floyd died in police custody in Minneapolis, Minnesota, following which protests against police brutality and racism erupted in various cities in the United States. The protests were later replaced by incidents of violence across the country.

India also has witnessed several cases of mob lynchings and custodial deaths in recent years. In most cases victims belong to down trodden communities such as Muslims and Dalits.

Responding to the development, Amnesty International India has said that FIR against Patel is another example of how the right to dissent is being "increasingly" criminalised.

"The Bengaluru police must stop abusing its authority and put an end to the intimidation and harassment of Aakar Patel for exercising his constitutionally guaranteed right to freedom of expression. People of this country have the right to agree or disagree with those in power, and to express these opinions in peaceful protests - without fear or unlawful interference," Amnesty International India Executive Director Avinash Kumar said.

He said that peacefully protesting against the government is not a crime and added that not agreeing with the policies of those in power does not make you a traitor.

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