Triple talaq and polygamy ruin lives: NCW tells Supreme Court

November 8, 2016

New Delhi, Nov 8: Registering its strong opposition to the practice of instant divorce as well as polygamy practised by Muslim men, the National Commission for Women(NCW) has told the Supreme Court that triple talaq was unconstitutional and had ruined the lives of many women.

talaq"The commission is partaking of a large number of cases relating to women who have been at the receiving end of the practice of unilateral talaq. Triple talaq (talaq-e-bidat), nikah halala and polygamy are unconstitutional because they compromise the rights of Muslim women (or women who marry into Muslim community) to their disadvantage, which is detrimental to them and their children," the NCW said.

In its affidavit filed on Saturday in response to a bunch of petitions moved in the apex court by several women, the NCW said, "These practices -- triple talaq, nikah halala and polygamy -- should be strictly prohibited. NCW is supporting the stand of the Union government and is adapting the affidavit filed by it."

The Centre had filed its affidavit in the SC on October 7 and had requested the court to abolish 'triple talaq' and polygamy, terming them as unconstitutional customs hurting gender equality and women's dignity. The Centre had, however, refrained from linking its stand on triple talaq with the demand for Uniform Civil Code (UCC).

It had said that "gender equality and the dignity of women are non-negotiable, overarching constitutional values and can brook no compromise". Liberally throwing in arguments on secular practices, the Centre said one section of women in society could never be worse off than others.

It said even Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt, Sri Lanka and Iran had reformed their laws and had given equal rights to women in matrimony.

"In considering the issue of validity of triple talaq, nikah halala and polygamy which mainly concerns the issue of gender justice and overriding principle of nondiscrimination, dignity and equality, any plea pertaining to Uniform Civil Code is not relevant," it had said.

"Women must be equal participants in the development and advancement of the world's largest democracy and any practice (triple talaq and polygamy) which denudes the status of a citizen of India merely by virtue of the religion she happens to profess, is an impediment to that larger goal," the Modi government had said.

The Centre said triple talaq, nikah halala and polygamy could not be regarded as essential or integral part of religion and would not be included under the ambit of Article 25 of the Constitution that guarantees a citizen the right to practice and profess a religion of his choice.

The Centre had picked on the affidavit filed by All India Muslim Personal Law Board, that had defended the practices as religion-sanctioned customs even while terming them undesirable.

"No undesirable practice can be elevated to the status of an essential religious practice," the Centre said.

Comments

Lloyd Dsouza
 - 
Tuesday, 8 Nov 2016

Arif.... U r right Talaq happens in all community but there is control over it & justice is there for both women n men, but here some Muslims just throw girls like a saliva, if need swallow it no need spit it. Talaq means her life is ruined forever bcoz ur community doesnt give chance or educate women which will lead her life miserable but in other community its not like that if a Women is divorced very next day she will be mingling with society as if nothing happened , life should move for everyone as we are all humans.

shahida
 - 
Tuesday, 8 Nov 2016

Mr Mujeeeb, control ur tongue , i am a proud namazi muslima ... i have great faith in my religion and i am also strong believer in my country's constitution . we need justice which is guaranteed in the constitution . you cannot understand the trauma , i wish ur sisters or daughters must face the similar situation , then you will understand the pain which i felt . Comment no 9, what do you think about women ? is marrying a change of dress ,even we have feelings . dont float irresponsible comments . be it handful of crores of women , we need common civil code , so that we can gril people who are evading responsibilities under the garb of religious laws .

Arif
 - 
Tuesday, 8 Nov 2016

@Lloyd Dsouza,

The people who mis-use the triple talaq is very few. It is minority within minority. Talaq is not a favorable thing in Islam, neither it is encouraged. It is last option for the couple to separate, instead of bearing each other f

Farzana Ubaid
 - 
Tuesday, 8 Nov 2016

God Almighty has revealed a separate Chapter on divorce - At-Talaq. (Holy Quran:65). Divorce in Islam is not as how you see in India or anywhere else. Also... It is in the Holy Quran that you can marry four wives ONLY if you can do JUSTICE among them.. Do read it..and understand. may He guide us all.

Lloyd Dsouza
 - 
Tuesday, 8 Nov 2016

Triple Talaq.....means u can marry any women then Divorce anytime & find again anyone. U mean u r committing Adultery.
Someone above said we have to read Quran to understand Islam properly, agreed we will read but what u people doing after reading Quran properly if u read it properly u should have been good example to others so that people may inspire by you to read Quran.
Reasons for Divorce :
A NRI from Dubai married a girl from kerala after a month of enjoyment with her he went to Dubai & announced Divorce through phone ....y? Reason he fulfilled his sexual desire from her.
A women who cant give birth to Male child will also get divorced.
A Women became old then shez no more beautiful , u can divorce?
A Man found & love with other girl after marriage also will divorce in Name of triple talaq.
If these things are good according to u & Quran i really dont want to read it.

Rikaz
 - 
Tuesday, 8 Nov 2016

more or less Muslims are ignorant and uneducated about triple talak method....religious preachers should shed more light on this matter in every nukes and corners of India...like how it should be done etc....as far as Mrs. Shahida, she is right from her view point and experience....many women are suffering from misused way of giving talak in India....which is not at all good....if we cant fix this problem somebody else will easily put their nose in to it (BJP & RSS)...scary....

aharkul
 - 
Tuesday, 8 Nov 2016

Dear Mr. Ponder, You told correct let all human being in India study Quran with meaning then they will understand the value of Triple Talaq. This Mrs. Shahida didnot practice Islam correctly and she do not know about Islam and Quran as well as Hadith. So let her first make the study of Islam properly before supporting such finger count women group..

mujeeb
 - 
Tuesday, 8 Nov 2016

Shahida, if you have no respect to Islam and Sharia, why dont you leave it and accept other religion which will give you more respect than islam. Why are you favoring change in sharia whereas 99.99 percent women are favoring it and dont want any change in Sharia. Dont be a Munafiq. None is forcing you to practice Sharia. You have no right to ask for change in Sharia. It will remain unchanged at any cost. We dont need name sake people like you. If you want to follow Saitaan go ahead and enjoy his company. If you have no respect for men, dont get married to any man and better marry a female or else. NCW has no right to interfere in Muslim personal law. NCW is not concerned about the tragedies being faced by muslim women and they are worried about Talaq. This is disgusting and unacceptable. It will be better if NCW keeps away from Talaq issue. This is not your headache. Its our issue and we will solve it. You should not and never change a rule in favor of 0.0000001 percent misguided and hired women.

Maq Sr.
 - 
Tuesday, 8 Nov 2016

Sister Shahida,

If your husband had given you divorce, forget him for ever. Live as dignified woman with respect and honor instead of leading life as his slave. Islam has given you right to remarry a man of your choice.

Skazi
 - 
Tuesday, 8 Nov 2016

Our Moulanas need to study Quran , for the procedures laid down for Talaq .... If that is followed, there will not be such situations ....

Why the men are in a hurry to give the talaq in one saying .... let them wait for 3, 3, 3 months period and complete the talak procedures as per quran ....

Arif
 - 
Tuesday, 8 Nov 2016

Why boycott polygamy???
Bcos it gives security, clothing, food, shelter to more women and their children?
Bcos it upholds the statuses of women in the society?
Bcos it gives her protection and honor in the society?
Bcos it gives a widows a chance to lead a decent life?
Bcos it gives a un-married aged woman a chance to have a husband and have a decent life?

Why no boycott for having unlimited girl friends, live-in relationships???
Bcos it ruins the life of women?
Bcos it hardly gives any statuses to women in the society?
Bcos it doesn't guarantee security, clothing, food, shelter for women?
Bcos it doesn't give protection to the children after the affairs?

Polygamy is much more than fulfilling the sexual desire of men.

Just imagine giving divorce thru our existing slow lethargic judicial systems, you ask for divorce and wait for 2-3 years to get the response. If the women who happens to seek the divorce from a drunkard, she has to bear him till court gives the clearance.
I oppose instance triple Talaq which is not a part of Islam, but I appreciate the triple Talaq system which gives protection to family system from breaking away so easily without giving proper due process of mutual consultation and settling the scores between husband and wife, involving people from two parties and with the final arbitration from the local khazi of the place.

analyst
 - 
Tuesday, 8 Nov 2016

These are all the bunch of women who destroyed the life of their husbands. Merely a handful number are not representing 20 crores. Ignore them those who are ignorant about their religion.

PONDER
 - 
Tuesday, 8 Nov 2016

READ QURAN:
Whole mankind will understand who is Ignorant and who's not?
QURAN is a manual for whole of Mankind and not just muslims or arabs...
There are many Laws that will be understood only when you use your intellect and find the reason and logic behind such divine law..
ALLAH(God) has given intellect to everyone of his creation i.e HUMAN... and we should utilize it ... Unless we find out by research and reason and logic we are ending up just like the animals which is also a creation of God...

May ALLAH guide us all and to understand the divine law better and to implement with faith...

Khasaikhane
 - 
Tuesday, 8 Nov 2016

Yes, Your name is Shahida.

ShahidaMMa, Please fight for equal rights under constitution. Uniform Civil Code is what you need - good for you.
There should be no gender bias, Let women get same treatment as men
Let us first start off with;
- Special bus, queues, seats for women, should be banned.

Then we can talk of implementing No gender bias under Uniform Civil Code!! LOL!

PRAMOD
 - 
Tuesday, 8 Nov 2016

#2 Shahida, if you want to bring this law, and if you know the pain, then dont get delay go and marry Mr. Modi.

shahida
 - 
Tuesday, 8 Nov 2016

We want equal rights under constitution . How long can we sustain this great injustice ? me being a divorcee , i know the pain and mental trauma . Central govt must bring this rule .muslim women have faced and continue to face gender bias .

Khasaikhane
 - 
Tuesday, 8 Nov 2016

- Prostitution in India [ 3 Million women according to reports ] continues, breaking the existing law.
- Live-In Relationships, ruining lives of men and more of a women.
- Unmarried Females, Having no choice in personal life - God save them!

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News Network
May 12,2020

Dubai, May 12: Free tickets are being offered by philanthropists and businessmen based in the UAE for deserving Indians who want to fly home.

Repatriation ticket prices have been set at around Dh700 to Dh750 per person depending on the destination. But there are many in UAE who cannot afford it, especially people who have lost their jobs or have medical concerns.

Malayalam Communications Ltd and its Malayalam stations (Kairali TV & Kairali News) are giving away 1,000 tickets free. Those who wish to apply can submit their application to [email protected].

Indian businessman Dhananjay Datar, chairman & managing director of Al Adil Trading Company, is also giving away 300 tickets. He is liasing with the Consulate General of India (CGI) for the names. “This is the time we need to rise as a community,” he said.

Besides taking care of airfares, Datar will also bear the cost of COVID-19 testing fees for Indians from the UAE.

“The repatriation efforts undertaken by the government of India is one of the largest initiatives. I am just doing a small bit to help the community. There are many people who are not in a position to meet the airfare and COVID testing costs as they have lost jobs. I will be coordinating with authorised entities handing this to lend my support,” he said.

Pravasi India Forum, a welfare organisation in UAE, is giving away 100 tickets. The NGO on Monday, May 11, uploaded a registration form where people can provide their details. “Tickets will be given to those approved by CGI and for those who are in financial distress,” said Abulaise, president of Pravasi Welfare Forum.

Punnakan Mohammed Ali, general secretary Incas UAE committee, said it is also ready to give away hundreds of free tickets but only to genuine candidates. “We will evaluate each individual and only if they are approved by the consulate, we will give the tickets. But we are ready to help.”

Those who want to register can get more details on www.pravasiwelfareforum.com.They can also call 055-1025611.

Need for more flights

The gesture notwithstanding, many Indians are still waiting to get news on their repatration.

Social worker Shukoorali Kallangal, President, Abu Dhabi Kerala Muslim Cultural Centre (KMCC), urged the government of India to add more flights to accommodate more passengers.

“Emergency repatriation services are the need of the hour. There are several expats with medical, financial distress. For those who came with the hope of a job – that too is a thing of the past now. Right now all they want is to go home and start something afresh there.”

Kallangal said: “Take the case of pregnant women. In many cases, their husbands have lost jobs or have been asked to go on unpaid leave. They are living hand to mouth and cannot afford medical costs. Due consideration should be given to them.”

Sreedharan Prasad, another social worker based in Ras Al Khaimah, said he is currently dealing with several emergency medical cases.

Consul General of India Vipul said plans are afoot to add more flights in the next phase of Indian repatriation. “The number of flights are being decided by India in consultation with state governments. This is not a normal situation we all are in. We are in the middle of a pandemic situation.”

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News Network
January 6,2020

Bengaluru, Jan 6: Cab aggregators are once again in news for the wrong reasons after an Ola cab driver misbehaved with a 34-year-old woman passenger and even threatened to kill her when she raised an alarm.

But what followed was worse. The woman, a software engineer, immediately called the Ola emergency number following which they asked her to check if the driver was drunk. She later pressed the emergency button on the Ola app but received a message asking her to dial 100. After the aggregator failed to help her, she said she was lucky to be saved by the public.

Reacting to the incident, an Ola spokesperson said, “We regret the unfortunate incident and have immediately terminated the driver-partner from the platform upon receiving the complaint.”

Shruthi G (name changed), an employee at a software company at Bagmane Tech Park in Mahadevapura, booked an Ola cab after her work in the evening of January 3. She booked pick-up stops at two locations as she had to pick her four-year-old daughter from the day-care centre, which is 2 km away from her house.

However, around 6.22 pm, when the cab reached Malleshpalya near Kids Castle, the driver did not stop the vehicle. He asked her to get down at the last drop location. She told him to stop and tried to open the doors but he locked the doors, insisting that she sit in the car. When she resisted, he held her hands and abused her; he even threatened to kill her if she raised an alarm.

The victim said she pressed the emergency button on the app twice but only got a message advising her to call the police.

When she called the Ola emergency number, the person at the other end asked about her condition and to check whether the driver was drunk. They called back after one-and-a-half hours when she was filing a complaint at the police station.

“Ola did not make any efforts to reach out to the police or do anything to track my location and help me in that situation,” she said.

The victim called 100 and the staffer at the control room asked her which area she was in. Since she was familiar with the area, Shruthi was able to give her location.

“First they told me that the area comes under Baiyappanahalli. Later, they said it comes under HAL. Finally, they figured out the location. It took 20 minutes for the police to reach the spot,” she said.

What saved Shruti was her sheer instinct and luck. Alone in the cab, she started raising an alarm. Luckily, commuters in the other vehicles next to the cab noticed her screaming for help and stopped the driver.

“If this is the kind of security Ola provides its customer, it is very questionable,” she said. “If we have to really call the police during an emergency then why they put out the number and emergency button, it’s a waste of time during that crucial situation. If they directly told us to dial 100 during an emergency, it will save time. Lakhs of commuters take Ola cabs thinking it is safe but they have no mechanism to check their drivers and track their customers in danger.”

Baiyappanahalli police said the accused Bhimashankar Malged was arrested and remanded in judicial custody following the complaint.

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News Network
May 4,2020

Bengaluru, May 4: Booze lovers ushered in the resumption of liquor sales in a spirited fashion in Karnataka onMonday thronging stores hours before shutters went up at severalplaces and made no secret of their celebratory mood.

At some places, they flocked liquor shops even before day-break and performed "special prayers" with flowers, coconuts,incense sticks, camphor and crackers in front of the stores.

Liquor outlets had been shut in the State from March 25 following the lockdown due to the COVID-19 pandemic.

Excise revenue loss during the period was about Rs 2,500 crore, according to government sources.

About 4,500 standalone liquor outlets (CL-2 and CL- 11licence holders), which comprise wine stores and those owned bystate-run Mysore Sales International Limited, outside containmentzones were allowed to be opened from Monday from 9 am to 7 pm withsome restrictions.

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These include customers compulsorily wearing of facemasks andmaintaining social distancing with not more than five people inside liquor shops.

Many customers were indeed well-prepared.

At many places, they came with umbrella, raincoat, newspapers and books and queued up as early as 3 am.

At a liquor shop in Salegame Road in Hassan, the tipplers lit the traditional lamp and incense sticks, performed 'aarati'with camphor and decorated the store with the garland of flowers.

With folded hands, they all performed 'special prayers'.

In Mandya, the tipplers queued up before Martaanda liquor shop before dawn.

An hour before the sales were to resume, a few people burst crackers in celebration.

Some tipplers in Belagavi were more "enterprising."

They wentto a liquor store on Sunday night itself, performed special prayersand placed their "representatives" in the form of slippers, bags and stones in the "social distancing boxes" they themselves had drawn sothat they don't have to stand in queue in the morning.

An elderly woman Dakamma was the centre of attraction in Shivamogga.

The bent body did not bend the determination of this spirited lady, claimed to be 96-year-old, who was heard saying "liquor is goodfor health."

At the taluk headquarters town of Brahmavara in the coastal Udupi district, the queue of the booze lovers was reported to be almost half-a-kilometre.

Long queues were seen at liquor stores at Mariyappana Palya and K R Puram, among others, in Bengaluru.

The store managers too were no less cautious while dealing with customers in the COVID era.

They let the customers enter after spraying sanitisers in their hands, and allowed only those who hadworn masks and maintained social distancing.

To maintain law and order, authorities had deployed policemen in good numbers at these stores and they were seen on duty ensuring  that customers maintained social distancing.

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