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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)
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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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All You Need to Know About the Sport of Jallikattu

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

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banned bull taming sport of Tamil Nadu
Jallikattu sport of Tamil Nadu, Wikimedia

By Ruchika Verma

  • Jallikattu is a traditional Tamil sport
  • The sport involves bulls and humans, the latter trying to control the former
  • The sport was banned in 2014, which created a lots of controversy

Jallikattu or Sallikkattu, also known as ‘eru thazhuvuthal’ and ‘manju virattu’ traditionally, was in news last year, around this time due to the ban imposed on it by the Supreme Court. The ban was much hyped and gathered a plethora of media’s attention.

Jallikattu ban was much hyped. Wikimedia Commons
Jallikattu ban was much hyped. Wikimedia Commons

Jallikattu ban has also garnered lots of political attention due to the involvement of Tamil Nadu and Central governments. The issue is much hyed due to the political context involved in it too.

What exactly is Jallikattu ? 

Jallikattu is a traditional sport and spectacle in which bulls of the Pulikulam or Kangayam breeds are released into a crowd of people, and multiple human participants attempt to control the bulls while they try to escape.

Jallikattu is seen as animal cruelty by many activists. Flickr
Jallikattu is seen as animal cruelty by many activists. Flickr

Jallikattu is practised in the Indian state of Tamil Nadu as a part of Pongal celebrations. The districts, Madurai, Thanjavur, and Salem are the most famous for conducting Jallikattu. The game dates back to Tamil classical period, which went back to 400 BC. Ancient Tamil Sangam literature described the practice as ‘Yeru thazhuvuthal’ which literally means “bull embracing.” With time the sport has become synonymous with valour and bravery.

Also Read : Tamil Nadu legalises Jallikattu with a New Law

What happens in Jallikattu and how?

The bulls participating in the game are all lined up behind a narrow gate and released one by one into the arena. The participants have to either control the bull by holding its hump or clutch away a flag attached to the horns. Owners of the bulls often announce prizes for the man who gets the hold of their bull.

The objective of the game is not to kill or overpower the bull, but to hold onto their hump for a certain amount of time or distance.

The participants are only allowed to hold onto the hump of the Bull. www.in.com
The participants are only allowed to hold onto the hump of the Bull. www.in.com

There are three variants to the game. First, when the  bulls are released from an enclosed area. Second, when the bull is directly released into open ground. And third, when bull is tied to a rope as the only restriction, and a team of 7-9 members has to untie the prize from the bull’s horns in 30 minutes of time period.

The gate through which bulls enter the arena are called vadi vasai. The bulls charge at the men standing most near to the gate. One of the rules also say that a participant is only allowed to hold bull’s hump and no other body part. The other rules varies from region to region.

Also Read : Animal rights organisations challenge new law on Jallikattu

Jallikattu Ban and Controversy

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

In 2014, The Supreme Court banned the sport, endorsing the activists’ concerns according to which, Jallikattu is not only cruelty towards the animal, but also poses a threat to humans. According to the data provided, between 2010 and 2014, 17 people were killed and approximately 1000 were injured during Jallikatu.

The Jallikattu ban was protests by many Tamilians.
The Jallikattu ban was protests by many Tamilians.

However, the ban invited a lots of protests. Many Tamil communities called this ban a violation of their culture and tradition.

In 2017, many lawyers plead to remove the ban which was rejected by the court. After requests and arguments of Tamil communities, central government reversed the ban, however, after Supreme Court stuck the order down, the ban was imposed again. However, the government of Tamil Nadu sanctioned the sport and brought it back into the practice.