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One India One Law: End of Cruel Practice of ‘Triple Talaq’ Divorce Law in India, Supreme Court Passes Verdict Today
Aug 22, 2017: The Apex Court today has made a historical verdict by imposing a ban on triple talaq calling it ‘unconstitutional’. Supreme Court also upheld the validity by stating that it is not the violation of Article 14, 15, 21 and 25 of the Indian Constitution.
A bench of five judges, directed by Chief Justice J S Khehar, declared a split verdict. The verdict of five judges also came from five faiths. Justices Uday Lalit (Hindu), Joseph Kurien (Christian) and Rohinton Nariman (Parsi) decreed that triple talaq is unconstitutional. Chief Justice JS Khehar(Sikh) and Justice Abdul Nazeer(Muslim) supported the validity of triple talaq. Chief Justice also asked the government to bring enactment within the period of six months and proposed all political parties to decide on the issue collectively.
What is “Triple Talaq”?
Triple Talaq (Talaq-e-Biddat) is a verbal divorce where a Muslim husband can divorce his wife by merely uttering “Talaq Talaq Talaq”. A divorced woman is not allowed to remarry her divorced husband unless she first marries another man under the practice called Nikah Halala.
Origin of Sharia Law
Prior to Independence, British Judges were assisted by Muftis and Qazis for the performing of executive functions in India. In 1880, Qazis were deprived of their judicial powers through ‘The Qaziz Act’. On the other hand, the British started pronouncing judgments on Muslim Personal Law. Keeping the whole scenario in consideration, the establishment of Sharia courts was demanded in the first quarter of 20th century, however, the demand was not conceded. Later in 1920, the first sharia court was established in Bihar.
Many mosques in the country are functioning on Sharia courts based on Muslim Shariat law. The source of Muslim Personal law is the 1937 act of Muslim Personal Law (Shariat) application, which was also an attempt by British India to win over Muslim clergy. These extra-constitutional bodies had the power to function as courts parallel to Indian courts.
The famous Abdul Rehman case on Triple Talaq
Abdur Rehman, a Muslim NRI from the UK had approached sharia court named Makkah Masjid Sharia Council in Chennai to get reunited with his wife. However, instead of reuniting the couple, Sharia court pressurized him to divorce his wife after he uttered talaq thrice. The man pleaded that he has changed his mind and he wants to reunite with her. After facing refutation from Sharia court, Abdul approached to Madras High Court begging for the same. He even said in his appeal that many blameless Muslim brothers or wives face the same problem across Chennai and Tamil Nadu on the whole because of the functioning of such forums that claim them to be judicial forums.
The High Court judgment said: “If a place of worship – whether it be a temple, mosque or church – is used for purposes other than prayers, and more specifically to create extra-constitutional forums, certainly the authorities are duty-bound to action against them.”
It ordered the state government to ensure that such courts do not function. This order was not specific to Muslims, and it empowered the police authorities to close down such extra-constitutional court, whether run by Hindu, Christian or Muslim.
Although the judgment did pronounce on the behalf of the sufferers of sharia law, there were still some ambiguities that led to confusion among such extra-constitutional bodies. A large number of Sharia courts which were supervised by imams and Islamic scholars operated from places that were not Mosques. It was not clear that whether the order applies to only sharia courts performing from mosques or to those who operate from Madrassas and non-religious places. Hence, a further detailed clarification was needed.
In 2014, Supreme Court declared the functioning of Sharia courts illegal and can be challenged in the court of law. On the contrary, Madras High Court did not make it clear owing to which the ambiguity in the Tamil Nadu state remained.
Supreme Court Verdict (2014)
A Delhi based advocate, Vishwa Lochan Madan challenged the validity of the parallel courts run by institutions such as Dar-ul-Qaza, Darul-Iftaa and Dar-ul-Uloom Deoband which issued fatwas. Under his appeal, he highlighted the plight of a woman, Imana, who was asked by Dar-ul-Uloom, Deoband to leave her husband and children and live with her rapist, father-in-law in her case. Madan argued that Sharia courts meddles with the personal affairs and obstructs the religious and social freedom of Muslims.
According to Supreme Court, Islamic judges, who interpret religious law can only come into power when individuals submit voluntarily to them and that their decisions or fatwas are not legally binding. It also curtailed the forums like Dar-ul-Qaza, Darul-Iftaa and Dar-ul-Uloom Deoband to issue fatwas on the basis of complaints by strangers.
The Supreme Court stated, Religion cannot be allowed to be merciless to the victim. Faith cannot be used as a dehumanizing force. Fatwas touching upon the rights of an individual at the instance of rank strangers may cause irreparable damage and therefore would be absolutely uncalled for. It shall be in violation of basic human rights. It cannot be used to punish innocents.
After the contentious debate of several years, triple Talaq is outcasted from Indian social systems.
Here is how the nation celebrated the unprecedented verdict by Supreme Court:
Thanks to SC for declaring #TripleTalaq Illegal and Sinful. Indian Muslim women have suffered long enough due to Congress appeasement.
— Dr. Munish Raizada (@DrMunishRaizada) August 22, 2017
The 5-member Indian Supreme Court ruled by a 3-2 majority that #TripleTalaq (Islamic Instant Divorce) is unconstitutional and set aside.
— Tarek Fatah (@TarekFatah) August 22, 2017
I appeal to all political parties to join hands and bring legislation to ban #TripleTalaq forever.
— Rajat Sharma (@RajatSharmaLive) August 22, 2017
AFTER SC ABOLISHED #TripleTalaq
* Halali Maulvis, Halali Maulanas are now Unemployed
* There ll be no halala (Religious rape)
— Fatima Arya (@Fatima_Arya) August 22, 2017
From Shah Bano to Shayra Bano.From Rajiv Gandhi to Narendra Modi.Over 30 years for political will & the truth-UNCONSTITUTIONAL #TripleTalaq
— Advaita Kala (@AdvaitaKala) August 22, 2017
The Supreme Court's decision to declare #TripleTalaq as unconstitutional is a historic milestone in Muslim women's rights movement in India.
— Tufail Ahmad (@tufailelif) August 22, 2017
— barkha dutt (@BDUTT) August 22, 2017
Today is the remarkable day in the history of India where archaic, regressive and cruel practices like ‘Triple Talaq’ perished. This is also a new development towards the welfare of women. The verdict is empowering and unfettering.
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By Siddhi Jain
The author who named the book after her twin sons -- Puhor and Niyor -- is a parent who has seen and heard the tales of ridicule and discrimination suffered by many in India and beyond. She says the book is an artistic illustration for kids that details how different families can live and coexist. Whether it's children with two dads or two moms, children with a single dad or single mom, and even multiracial family units, Borthakur's book teaches love, understanding, and compassion towards unconventional families.
Beyond race, gender, color, and ethnicity which have formed the bases for discrimination since the beginning of time, this book aims to bring to light a largely ignored issue. For so long, single parents have been treated like a taboo without any attempt to understand their situations; no one really cares how or why one's marriage ended but just wants to treat single parents as villains simply for choosing happiness and loving their children.
Homosexual parents, a relatively new family system, is another form that has suffered hate and discrimination for many years. Pritisha emphasizes the need to understand that diversity in people and family is what makes the world beautiful and colourful. 'Puhor and Niyor's Mural of Family Stories' is a firm but compassionate statement against all forms of discrimination on the bases of sexual identity, gender, race, and even differences in background
'Puhor and Niyor's Mural of Family Stories' is a firm but compassionate statement against all forms of discrimination on the bases of sexual identity, gender, race and even differences in background. | Photo by Ben Wicks on Unsplash
Written for a global audience, the book is targeted at kids between the ages of five and 10, the reason it is embellished with colourful images of families of different types is to appeal to children's sense of sight and drive home the message at the same time. Borthakur believes children are the best place to start because the ages between five and 10 are the most formative, where little ones pick up habits, beliefs and perceptions.
The Guwahati-born author says, "With this book, I'm not trying to take away the job of parents in forming habits, I simply want to do my part as a parent. It is important that we impart the right values in our kids in a bid to build a better, more inclusive and tolerant global society that is fair to everyone." The author's first attempt at a book was an Assamese poetry 'Anubhav', published in 2010.
Set to be published under the label of Author's Channel, the book is like an adventure; a journey into uncharted territories, untouched subjects and matters long ignored. In her words. "The book takes a critical stand in defense of people in society who have had to undergo severe emotional torture for no cause of theirs. It is a terrible conception to think such people any less of a human just for being different," says publisher Aruna Naidu. By September 30, this title, priced at Rs 299, will be available online and in offline bookstores. (IANS/ MBI)
Keywords: Book, children, Guwahati, Puhor and Niyor's Mural of Family Stories, moral, story, kids, discrimination, equality
If you feel that clean and well-groomed hands are just an essential prerequisite for women, you might like to think twice. Men should equally pay attention to their hands because our hand houses 1,500 bacteria living on each square centimeter of its skin. You can easily assume what havoc it can create in our body because in India we have the culture of eating with our hands and spaces beneath nails can become breeding heaven for germs. Moreover, clean and maintained hands boost confidence in their daily life activities. Therefore, it's important to keep your hands clean irrespective of your gender by washing or sanitizing at regular intervals. And, to keep them groomed, you don't have to visit a salon.
Rajesh U Pandya, Managing Director, KAI India, gives easy and completely doable tips to follow at home:
* Refrain from harsh soaps: You should be mindful of the soap you are using to wash your hands. Your soap can have a moisturizing element in it like aloe vera or shea butter. Ensure that you're washing your hands with normal water as hot water can make your hand's skin dry and scaly.
You should be mindful of the soap you are using to wash your hands. | Photo by Aurélia Dubois on Unsplash
* Clip your nails regularly: Make use of your personal nail clipper to cut your nails. After cutting your nails at a comfortable length also file them using a nail filer. Never share your nail care clipper as the germs can get transferred to your loved ones. Also, don't forget to use grime remover to remove hidden germs in corners and beneath nails. Also, you may like to file your nails to have a smooth finish.
* Good quality Nail Clipper: Do not use a rusted or chromium coated nail clipper as it might be harmful to skin and might cause dangerous bacterial infections.
* Stop the habit of nail chewing: Sometimes anxiety or extreme boredom can lead to chewing of nails. This habit only makes your nails uneven and ugly. Sometimes, our unclean nail folds give rise to viral, bacterial or fungal infections, which in turn can make us sick if we chew our nails.
Make use of your personal nail clipper to cut your nails. | Pixabay
* Exfoliate your hands: Similar to the way you exfoliate your face; your hands also need it. It helps to keep the dry skin at bay and keep your hands soft. You can buy a scrub or make one at home using brown sugar and olive oil. After scrubbing, you need to massage your hands with moisturizer.
Similar to the way you exfoliate your face; your hands also need it. It helps to keep the dry skin at bay and keep your hands soft. | Wikipedia
* Don't use your nails as tools: Always keep in mind that your nails are like jewels. Never use them to pry things open such as pop cans, removing keys from the ring, opening letters, or scraping off labels. This results in unnecessary breakage of nails, making your hands look dirty.
Never use your nails to pry things open such as pop cans, removing keys from the ring, opening letters or scraping off labels. | Photo by Sammy Williams on Unsplash
* Be aware of nail or cuticle inflammation or redness: If there are any signs of infection, disinfect the skin as soon as possible with an anti-bacterial or anti-fungal ointment.
(Article originally written by N.Lothungbeni Humtsoe) (IANS/ MBI)
Keywords: Nails, groom, hand, exfoliate, chew, nail clipper, bite, cuticle
Bitcoin has become an essential crypto asset in modern portfolios and investment funds. The confidence generated in this cryptocurrency will depend a lot on the diversification that companies make in their balance sheets in Bitcoin and the increase of institutional investors that allocate a percentage of their funds in this crypto. American fund manager Cathie Wood makes some interesting predictions, both in the rise that the Bitcoin price will experience in the next 5 years, suggesting these institutional investors allocate 5% of their funds; this will help leverage the Bitcoin market.
Bitcoin will grow by a tenfold
Bitcoin is projected to grow by 10 times its current value in five years, i.e., it could reach $500,000. Of course, this will require companies to invest in cryptocurrencies. This makes it necessary to increase the weight of Bitcoin on balance sheets through investments. One of the investment gurus who supports this prediction is Catherine Wood. Contrarily, Ray Dalio, despite being clear that relying on cash is not a good strategy, views Bitcoin with suspicion, although he calls for its investment. This behavior is due to the actions of governments against the cryptocurrency market.
If something is undoubted is the vertiginous increase that cryptocurrencies have had in general, they have risen more than 60% so far this year. So, even when some governments are trying to regulate cryptocurrencies, they will fail. This attempt to regulate will end up triggering even more cryptos, especially Bitcoin, which is the oldest and most solid of that market.
Bitcoin, is the oldest and most solid of the market. | Photo by Executium on Unsplash
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The current Bitcoin price means is time to buy:
The current price of bitcoin invites you to buy, and perhaps it would be foolhardy not to. In either case, bitcoin will always represent money. Maybe some external factors generate some misgivings, but if you refuse to invest in cryptocurrencies, you are basically denying the near future, it would be as if you didn't have a cell phone or internet.
In India, more and more people are becoming convinced of the benefits of holding some Bitcoin. This can be clearly seen in the rapid increase in the number of new accounts at crypto exchanges such as WazirX and CoinDCX.
ALSO READ: How can you trade in Bitcoin in India?
Bitcoin, despite its fluctuations, represents an excellent financial strategy. The support users give is significant. The same cannot be said of the FIAT currencies, which have lost value and support, showing how fragile they are, being subjected to a constant devaluation. As long as confidence in cryptos grows, the foundations will continue to be laid to maintain their rise and to be able to continue making transactions. We know this by previous experience, as has happened with Ether, thanks mainly to the growing activity of Defi and NFT, i.e. decentralized finance and non-fungible tokens.
Remember that when you invest in Bitcoin, you can do it by buying or trading. When you want to make these transactions do it in a secure Exchange, study your finances to invest, manage the risk, and learn to manage your portfolio efficiently.