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
June 29,2020

Karwar, June 29: The additional sessions court, Sirsi town police station and office of the deputy superintendent of police in Uttara Kannada district were sealed on Sunday after an undertrial was found positive for Covid-19.

The undertrial, accused of stealing a bike, from Hubballi was arrested by Sirsi police and had initially tested negative. He was confirmed infected when his samples were tested the second time.

He was arrested by Dharwad police in connection with a bike theft case. During interrogation it was found that he had stolen bikes in Sirsi too. Sirsi police had brought him from Dharwad sub-jail for the interrogation and was produced in the court.

The accused was in Manipal jail for some time after he was convicted there for the bike theft. While bringing him to Sirsi the police had wore PPE kits.

When he was produced in the court the judge had reportedly directed the police test him for covid as he had some symptoms.

His swab was collected and sent to the lab. In the first test the result was negative but it was positive in another test. At that time he was in Sirsi sub-jail. 10 police officials who had come into his contact have been quarantined. The police station has been sealed down and the court will be closed down on Monday and Tuesday.

All the under trails who were kept with him in the sub-jail have been isolated and their swab has been sent for the testing.

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News Network
March 5,2020

Bengaluru, Mar 5: Amulya Leona, the 19-year-old woman who captured a nation’s attention by shouting full-throated slogans, allegedly in support of Pakistan, at a rally in Bengaluru, has reportedly held her composure under grilling by the Special Investigating Team (SIT).

The woman was arrested after her speech to an audience of protesters against the Citizenship Amendment Act on February 19, and was slapped with sedition charges.

Sources in the police said Amulya Leona seemed to be absolutely normal during interrogation by senior cops, unlike most other persons in such circumstances.

Not once throughout the grilling nor in judicial custody did she break down.

Amulya is said to have defended herself on charges that she shouted pro-Pakistan slogans. She made it clear that by speaking out at the rally at Freedom House, she did not mean to support the enemy country and that she was not against India.

Lower-rung officers said Amulya Leona seemed to be considerably influenced by the late firebrand activist Gowri Lankesh, who was shot dead in 2017.

In fact, the policewomen to whose charge she was entrusted right after she was arrested are said to have heaved a sigh of relief when she handed over to custody of prison staff.

An urban legend going around in lower-rung police circles is that Amulya Leona attended the funeral of Gowri Lankesh and fainted near where the late activist was buried. “It’s impossible for a 19-year-old to show such grit. We have seen hardcore criminals breaking down in custody. Forget about breaking down, Amulya Leona is becoming stronger,” they explain.

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News Network
April 26,2020

New Delhi, Apr 26: The Centre will bring back the Indian citizens stranded abroad due to the ban on arrival of international passenger aircraft, only if the respective states they belong to agree to allow them to come back home and make necessary arrangements to quarantine them after their return.

The Ministry of External Affairs (MEA) has started consultations with the State Governments on bringing back the Indians, who got stranded in the United States, United Kingdom, France, Italy, Canada and many other foreign countries due to the ban on arrival of international passenger aircraft to any airport in the country. The decision on facilitating their return to the country would be taken after getting feedback on preparedness of the States and the Union Territory to receive them following all required health precautions, Cabinet Secretary Rajiv Gauba said.

Gauba on Saturday had a video-conference with the Chief Secretaries of all States and Union Territories to review the implementation of the restrictions on travel and transport as well as the lockdown imposed across the country to contain the COVID-19 pandemic.

Though the Government earlier either evacuated or facilitated the return of nearly 28000 Indians from a number of foreign countries affected by the COVID-19 pandemic, it almost stopped doing so after the ban on arrival of international passenger aircraft was enforced on March 23 in the wake of the spurt in the number of COVID-19 cases in India.

Thousands of Indian students, tourists, professionals and others are stranded around the world, including in the countries, where respective governments had imposed lockdowns to contain the pandemic. They have been desperately requesting the government on social media to evacuate them.

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