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
February 26,2020

Feb 26: The Tamil Nadu government on Tuesday claimed that it prevented Karnataka from discussing the contentious Mekedatu reservoir issue at the Cauvery Water Management Authority (CWMA) meeting held in New Delhi.

Besides the representatives of Tamil Nadu and Karnataka at the fifth meeting of CWMA, presided over by Central Water Commission Chairman R K Jain, officials of Kerala and Puducherry also participated.

CWMA member and TN PWD Secretary K Manivasan told reporters after the meeting that the state government prevented Karnataka from discussing the dam issue by pointing out the pending petitions in the Supreme Court against the project filed by the E Palaniswami government.

"We have told participants of the meeting that Mekedatu reservoir will be against the interests of Tamil Nadu and its farmers. Our consistent stand is that it should not be built at any cost. Finally the issue was not discussed in the meeting," Manivasan said.

The Mekedatu reservoir is proposed to be constructed by Karnataka across Cauvery river near Mekedatu, about 110 km from Bengaluru, in Kanakapura taluk.

It was first proposed along with Shivanasamudra hydro power project at Shimsa in 2003 with an intention to use the water for a hydro power station and supply drinking water to Bengaluru city. It was designed to store 67 tmc feet of water.

While Tamil Nadu is claiming that the construction of a balancing reservoir will disturb Cauvery water flow to the state affecting irrigation, Karnataka says the project is basically designed to take care of the drinking water needs of Bengaluru after releasing water to Tamil Nadu as per the quantum specified by the Cauvery water disputes tribunal.

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News Network
May 31,2020

Bengaluru, May 31: Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

PHASE I

The activities will be allowed with effect from June 8 at religious places/places of worship for public, hotels, restaurants, and other hospitality services, shopping malls.

PHASE II

For the opening of schools, colleges, educational/training/ coaching institutions, the State government will hold consultations at the institution level with parents and other stakeholders. Based on the feedback, a decision on the re-opening of these institutions will be taken in the month of July.

PHASE III

Based on the assessment of the situation, dates for re-starting activities will be decided -- international air travel of passengers, except as permitted by MHA, Metro Rail, cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places, social/political/spoils/ entertainment/academic/cultural/religious functions and other large congregations.

The State government said that it will follow the MHA's national directives for the coronavirus management, including compulsory use of face masks and social distancing norms.

"Face coverings are compulsory in public places, workplaces and during transport. Individuals must maintain a minimum distance of 6 feet in public places. Shops will ensure physical distancing among customers and will not allow more than 5 persons at a time," read the directives issued by the MHA.

In the order, State government has said that night curfew will continue to remain in force on the movement of individuals for all non-essential activities outside containment zones till June 30.

Lockdown limited to Containment Zones

* Lockdown shall continue to remain in force in the Containment Zones till June 30.

* Containment Zones will be demarcated by the district authorities after taking into consideration the guidelines of Department of Health and Family Welfare, Government of Karnataka.

* In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining a supply of essential goods and services.

* In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of the Department of Health and Family Welfare, Government of Karnataka shall be taken into consideration for the above purpose.

* District authorities/BBMP authorities may also identify buffer zones outside the Containment Zones, where new cases are more likely to occur. Within the buffer zones, restrictions, as considered necessary, may be put in place by the District authorities.

Movement of persons, goods

* There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/approval/e-permit will be required for such movements.

* Based on reasons of public health and assessment of the prevalence of Covid-19 in various States separate orders will be issued by the Health and Family Welfare Department regarding the inter-state movement of persons to Karnataka.

* Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

The State Government in its guidelines advised persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, to stay at home, except for essential and health purposes.

Guidelines for Aarogya Setu App

* Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

* With a view to ensuring safety in offices and workplaces, employers on best effort basis should ensure that Aarogya Sew is installed by all employees having compatible mobile phones.

* District authorities and BBMP Authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app. This will facilitate timely provision of medical attention to those individuals who are at risk.

Union Ministry of Home Affairs (MHA) on Saturday said that lockdown will continue in containment zones till June 30 and only essential activities will be allowed in those areas.

"Lockdown shall continue to remain in force in the containment zones till 30 June. In the containment zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining the supply of essential goods and services. In the containment zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required," MHA said in its guidelines for #Unlock1.

It also issued new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1."

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News Network
May 10,2020

Shivamogga, May 10: Karnataka Minister KS Eshwarappa on Sunday informed that eight people who returned to the state from Gujarat have tested positive for COVID-19 in Shivamogga district.

Shivamogga district is under the green zone category.

"Eight people who have returned from Ahmedabad, Gujarat have tested positive for COVID-19 in Shivamogga," said Eshwarappa.

Last week, the district administration had asked shopkeepers to open their shops on alternate days in order to avoid crowding.

According to the Ministry of Health and Family Welfare, the state has so far 794 confirmed COVID-19 cases which include 386 cured or discharged cases and 30 deaths.

Comments

Syed
 - 
Monday, 11 May 2020

This is fake news...I request Coastal Digest to do proper research pn this news..there is no report that shows those people are positive..pls do not publish fake news..

 

 

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