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
February 10,2020

Bengaluru, Feb 10: A group of women on Monday started a protest against Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) here near Bilal Masjid.

Members of the transgender community on Sunday had also taken out a march here to express solidarity with those protesting against CAA, NRC, and NPR.

The newly enacted law is facing stiff opposition across the country with some states including Kerala, West Bengal, Rajasthan and Punjab refusing to implement it. Rajasthan, Kerala, and Punjab have also passed resolutions against the amended citizenship law in their legislative Assemblies.

The CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

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News Network
February 1,2020

New Delhi, Feb 1: An extremist today fired shots at anti-CAA protesters at Shaheen Bagh in Delhi, just three days after another extremist fired at protesters at nearby Jamia Millia University. This is the second daylight shooting in which the police caught the man only after the shots were fired.

The man, apparently a fan of BJP leaders including Narendra Modi and Amit Shah, shouted "Jai Sri Ram" as he fired shots standing near police barricades put up at the south Delhi locality where hundreds of women and children have sat on the road in protest for more than a month. He was caught by the police. No one was injured. 

The shooter was also heard saying: "Humare desh mein sirf Hinduon ki chalegi aur kisi ki nahi (in our country only Hindus will prevail)." He had allegedly come to the area in an auto.

A witness said the man fired two-three times, standing right next to the police, not at the spot of the protest but close enough to a large crowd of unarmed men, women and children. 

"We suddenly heard gunshots. This person was shouting Jai Shri Ram. He had a semi-automatic pistol and he fired two rounds. The police were standing just behind him," said the witness, a volunteer at the protest.

"When his gun jammed, he ran. He tried to fire again, then tossed the gun into the bushes and tried to escape. Some of us and the police caught him, the police dragged him away," he added. Protesters questioned whether the police were more focused on keeping an eye on them rather than tackling crimes like this.

Police officer Chinmay Biswal said the man had fired shots in the air. "The man had resorted to aerial firing. Police immediately overpowered and caught him," he said.

This incident - the second shooting in Delhi at an anti-CAA protest -- has chilling similarities to the one that took place just two km away at Jamia university on Thursday, when a 17-year-old Class 12 boy from Uttar Pradesh fired a crude pistol at unarmed protesters with dozens of policemen behind him, watching. The teen, who left home claiming he was going to school, took a bus to Delhi intending to target Shaheen Bagh but landed at Jamia next-door after an auto-driver dropped him off there to avoid the traffic chaos.

The shootings have taken place in quick succession after controversial slogans of "Goli Maaro Sa***n Ko (shoot the traitors)" were chanted on Monday at a Delhi campaign rally of Anurag Thakur, the Union Minister of State for Finance, who was part of the team involved in Budget 2020 announced today.

Mr Thakur was banned from campaigning in Delhi for three days for egging on BJP workers to shout the "Goli Maaro" slogan.

Delhi Chief Minister Arvind Kejriwal slammed Home Minister Amit Shah, to whose ministry the Delhi Police reports to, over the two shooting incidents. "What have you done to our Delhi, Amit Shah ji? Bullets are being fired in broad daylight... Law and order is being criticised constantly. Elections will come and go, politics will keep happening, but for the sake of the people of Delhi, please focus on fixing law and order," he tweeted.

The Shaheen Bagh protest has attracted attention from across the country in the protests against the CAA or the Citizenship (Amendment) Act, which makes religion a criterion for citizenship. Critics say the law discriminates against Muslims as only non-Muslims from neighbouring Pakistan, Afghanistan and Bangladesh can become Indian citizens if they fled religious persecution and entered India before 2015.

Of late, critics of the Shaheen Bagh protests, mainly pro-CAA activists, have attacked the month-long sit-in on a key road in Delhi connecting to Noida. They say the protest has become a traffic nightmare for commuters.

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News Network
March 19,2020

New Delhi, Mar 19: Senior Congress leader Oscar Fernandes on Wednesday extolled the virtues of 'gaumutra' and shared an anecdote about a man claiming to have cured his cancer by drinking cow urine to drive his point home.

Participating in a debate in Rajya Sabha on two bills for setting up national commissions for homoeopathy and Indian systems of medicine, the former Union minister said, "My extreme friend Jairam Ramesh pulls my leg, when I talk of 'gaumutra'."

Sharing an anecdote, Fernandes said once during a visit to an ashram near Meerut he had met a person who claimed to have cured his cancer by drinking 'gaumutra'.

Many BJP leaders have earlier spoken about the healing power of 'gaumutra'. The Congress has reacted sharply to such remarks.

He also praised the virtues of the Indian systems of medicine. He said when he had severe pain in knee joint and doctors had suggested for replacement surgery. However, he refused and started doing 'Vajrasana'.

"I started Vajrasana, practising yoga, and today I am able to do wrestling without any difficulty," the septuagenarian leader said.

"When (former) prime minister (Atal Bihari) Vajypee ji had a knee surgery, I thought if I had known him earlier, I would have definitely gone to him and ask him to follow 'Vajrasan' and it could have been cured," he said.

He also claimed to have met a person in US aged around 104 years and moving swiftly as a young man.

"Yoga is our wealth. If you practise yoga, may be our budget cost of health can be reduced by 50 per cent. It's way of life," he said.

"Our own Indian systems of medicine will provide a lot of reliefs even before going to a doctor," he said.

Though Fernandes supported the bills but raised objection over the exclusion of yoga and naturopathy.

"I would urge the minister either to amend the bill or bring an assurance that it will bring a separate legislation to cover yoga and naturopathy," he said.

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