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Supreme Court questions the Validity of Triple Talaq and whether it is fundamental to Islam

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In Goa, oral divorce and polygamy is not allowed to Muslims
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New Delhi, May 11, 2017: The Supreme Court on Thursday heard a batch of petitions challenging the constitutional validity of “triple talaq” and to know whether it was fundamental to Islam.

“We are going to decide the validity of triple talaq,” said Chief Justice Jagdish Singh Khehar, heading a Constitution bench.

He asked the parties concerned to focus on whether triple talaq was fundamental to Islamic religion.

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The Chief Justice said that petitioners and respondents would address the court on whether triple talaq was an enforceable fundamental right.

The bench sought suggestions on the broad parameters of the directions the court may issue while deciding the validity of triple talaq.

Other judges on the Constitution bench are Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer.

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The court said both sides would get two days each to argue their case. Thereafter, both sides would get a day each to submit rejoinders.

Triple talaq is a practice under which a husband can verbally divorce his wife by uttering the word “talaq” thrice.

This has been opposed by a section of the Muslim society while others say it cannot be changed as it is part of Muslim personal law.

The Modi government wants triple talaq to go. The practice is not followed in many Muslim countries including Pakistan. (IANS)

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  • P. B. Josh

    Why look deep in the religion? How many Muslim majority countries have abandoned this practice?

  • vedika kakar

    This practice is so horrifying- even if a man in his sleep says talaaq thrice, the marriage is over. Men have sent whatsapp messages quoting talaq, talaq, talaq. Is this how an institution such as marriage should be treated? Is this how a woman should be treated? I respect all religions as well as the rights of all humans

Next Story

Another Deadline Missed, No Draft Scheme on the Cauvery Dispute Till Now

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme.

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The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.
Supreme Court of India. Wikimedia commons

The Centre yet again failed to submit a draft Scheme on the Cauvery river water dispute before the Supreme Court on the ground that the Prime Minister and other ministers were campaigning in Karnataka, which Tamil Nadu flayed as “brazen partisanship”.

Seeking 10 more days to finalize the scheme, Attorney General K.K. Venugopal told Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud: “A draft scheme has been placed before the Cabinet. Because of Karnataka elections, the Prime Minister and all other Ministers are in Karnataka. Before that the Prime Minister was abroad (in China).”

It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.
Parliament of India, wikimedia commons

The Centre’s submission was countered strongly by senior counsel Shekhar Naphade, appearing for Tamil Nadu, who said: “Sorry to say, the Central government is politicizing the issue. They are worried about their electoral fate in Karnataka. Election in Karnataka is on May 12 and somehow they don’t want to do it till then. We have enough of it. It is brazen partisanship of the Union of India. It is the end of co-operative federalism.”

The apex court in its February 16 judgement had directed the Centre to frame a Scheme within six months in accordance with the recommendation by the Cauvery River Water Tribunal for constitution of the Cauvery Management Board (CMB) and Cauvery Regulatory Authority (CRA), which Karnataka opposes strongly.

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme. Tamil Nadu filed a contempt petition against the Centre for failure to act within the deadline.

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During Thursday’s hearing, the court directed the Karnataka government to respond on how much of the four TMC of water it can release by month end. It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.

In the course of the hearing, the court asked Karnataka to release 4 TMC of water by Monday.

The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.

The court directed the next hearing of the matter on Tuesday. (IANS)