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If discriminatory Triple Talaq struck down, then new Divorce Law will come, Centre tells Supreme Court

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Muslim women in India are vulnerable and insecure due to the community's practice that lets Muslim men divorce their wives by saying the word "talaq (divorce) " according to women rights campaigners. (Photo: A. Pasricha/VOA)

New Delhi, May 15, 2017: The Central government on Monday told the Supreme Court that if the latter invalidates the men-centric triple talaq that is discriminatory to Muslim women, then it would bring a new divorce law that would be fair and equal to both men and women in the community.

As Attorney General Mukul Rohatgi argued against triple talaq and stressed the need to strike it down, the five judges constitution bench headed by Chief Justice Jagdish Singh Khehar asked him if this is done, then what will happen to Muslim men who went to end their marriage.

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“If we accept that giving unfettered rights to a husband is bad and we strike down triple talaq, then where will Muslim men go for divorce,” asked Justice Uday Umesh Lalit who, along with the CJI, Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice S. Abdul Nazeer are on the constitution bench.

Without losing a moment, Rohatgi told the bench that if they strike down the all three – triple talaq, Nikah Halala and polygamy, then the government will bring a new law.

At this, Chief Justice Khehar said that the top court was not just the “guardian to the Constitution but also that of the Minorities Act.”

At the outset of the hearing, the Attorney General urged the court to examine not just the validity of the triple talaq vis-a-vis the Constitution but also that of the Nikah Halal and polygamy.

Citing the limited time that is available, the bench said that as of now it would focus on the validity of triple talaq, leaving other two issues for the future.

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Appearing for the All India Muslim Personal Law Board, senior counsel Kapil Sibal told the bench that the “issue is not talaq, the issue is patriarchy” or a state of society which is inherently discriminatory of this or that religion.

Describing the issue as “highly complex” which can’t be resolved easily, he referred to Hindu Code under which customs are still protected, noting that even under 2006 Hindu Succession (Amendment) Act, 2005, a father can bequeath his entire property to his son without giving anything to his daughter.

Noting that the Constitutions protects personal laws and all patriarchal societies are discriminatory, Sibal said that all laws that applies to Hindus, Muslims, and other religions must be tested on the grounds of discrimination.

Representing the government, Additional Solicitor General Tushar Mehta told the court that Islamic practices as practised in India were not “pure Islam” but an “anglicised” form of the religion. (IANS)

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Supreme Court Announces Triple Talaq Ban in India, Calls it ‘Un-islamic’

The BMMA celebrates its victory over the much-debated practice of instant divorce

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• Supreme court has ruled that the practice of triple talaq is illegal.
• BMMA celebrates the ban on unilateral divorce.
In a landmark decision by a five-member panel, the Supreme Court has banned the practice of triple talaq in India, calling the much-debated practice “unislamic, arbitrary and unconstitutional”. The verdict, which was passed by a 3-2 majority on August 22, 2017, has been met with mixed reactions all over the country, attracting applause as well as apprehension from people.

What is triple talaq

The practice of triple talaq, or talaq-e-biddat, is a Islamic ritual through which a man might divorce his wife by uttering the word ‘talaq’, that is, the Arabic word for ‘divorce’, three times. The controversial practice, which dates back to Islamic scriptures of the 8th century AD, was a common one among the Muslim population in India, most of which follow the Hanafi school of law. The practice of instant divorce has often been enacted in India, not only through oral declaration, but also through letters, emails, text messages, Skype and Whatsapp.

 

 The Supreme Court of India bans the practice of triple talaq
Stock image, VOA News

Reactions to the triple talaq ban in India

“It’s been 10 years of a struggle on the 8 percent of the population, so that’s a big respite, and a big relief,”stated Noorjehan, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), also known as the Indian Muslim Women’s Movement. The BMMA had fought a long and hard legal battle in order to secure this verdict, on the grounds that the practice of instant divorce through an oral declaration has left many Muslim women bereft of their right to alimony as well as the custody of children. The BMMA has also claimed that the prescribed avenues for reconsideration or reconciliation are rarely followed in India, as a result of which 90 per cent of the 4710 women they had interviewed had called for a ban on the controversial practice. The All India Muslim Personal Law Board (AIMPLB), on the other hand, has opposed the verdict, claiming that it infringes the right to religion of Muslim people, which is granted to the citizens of India via Article 25 of the Indian Constitution.

The Supreme Court of India bans the practice of triple talaq
Stock image, VOA News

However, the verdict has been passed against triple talaq by a five-member panel of judges, in which each of the judges belonged to a different religion: Hinduism, Islam, Sikhism, Zoroastrianism and Christianity, after they had reviewed the petitions of seven women who felt victimised by the practice.
“Triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat … What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well,” declared the panel of Supreme Court judges, making India the 23rd nation to ban the practice of unilateral divorce, after Pakistan, United Arab Emirates and Egypt.

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Love Jihad Case : Kerala’s State Women Commission Directs SP to submit report on Hadiya’s Condition

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  However, their marriage was declared null and void by the High Court of Kerala

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Office of Kerala Women Comission
Office of Kerala Women Comission. Official Website KWC

Kerala, October 28, 2017 : A day after a video of Hadiya pleading to be ‘saved’ from her father’s brutalities was released, Kerala’s State Women Commission has directed Kottayam Superintendent of Police to inquire and submit a report on Hadiya’s present conditions.

In the video release at a press conference in Kochi by social activist Rahul Eashwar, Hadiya can be heard saying, “You have to get me out. I am sure I will be killed tomorrow or the day after.” Hadiya claims that her father is physically assaulting her and pleads to be saved in the video before her voice trails away.

The direction came following reports that Hadiya is being sedated and physically abused at her parents’ house.

The State Women Commission has told the SP that an officer not less than the rank of a DSP should conduct the inquiry and submit a report on the condition of the 24-year old woman in love jihad case.

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  Their marriage was declared null and void by the High Court of Kerala after Hadiya’s father Ashokan has approached the court, claiming that his daughter had been forcefully converted and her alleged husband was involved in plans to take her out of the country for questionable reasons.

Consequently, Hadiya’s husband Shafin Jahan had approached the Supreme Court and challenged the order by the High Court of Kerala, which is still hearing the case.

– prepared by Soha Kala of NewsGram. Twitter @SohaKala

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Gorkhaland: SC allows withdrawl of Central Forces from Darjeeling

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The Supreme Court of India
The Supreme Court of India. Wikimedia

New Delhi, October 27: The Supreme Court on Friday allowed the Centre to withdraw seven companies of central paramilitary forces from trouble-torn Darjeeling and Kalimpong districts of West Bengal where the agitation for Gorkhaland, a separate state for Gorkhas took a violent turn.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud directed the Centre to withdraw the seven companies of Central Armed Paramilitary Forces (CAPF) for being used for election duties in Himachal Pradesh and Gujarat.

The bench also sought a response from the West Bengal government on the Centre’s appeal against the High Court’s order putting on hold its decision to withdraw 10 of the 15 companies of the central paramilitary forces deployed in the hill district.

The apex court also stayed the pending proceedings before the High Court and said that it will deal with the case in a holistic manner and posted the appeal of the Centre for further hearing on November 27.

In an interim order, the High Court had stayed the withdrawal of CAPF from the Darjeeling hills till October 27 after the state government approached it against the Centre’s decision.(IANS)