If the Centre fails to draft the rules and have a legislation passed by Parliament within the set time frame, then the injunction on ‘triple talaq’ will continue since a majority of the five-judge Bench of the Apex Court has ruled the practice as “arbitrary and unconstitutional”.
At 10.55 AM, on Tuesday, the abominable and ‘unislamic’ practice of instant triple talaq was deemed as “manifestly arbitrary and unconstitutional” in a majority verdict of a five-judge Bench of the Supreme Court.
While three judges ruled in favour of an instant ban on the practice, two others – including Chief Justice of India JS Khehar – directed the Centre to draft rules on the validity of triple talaq and have a legislation passed by Parliament within six months.
However, since the Supreme Court has passed a majority verdict (in the opinion of Justices Kurien Joseph, Rohinton Nariman and UU Lalit) calling triple talaq or Talaq-ul-Biddat “unconstitutional”, should the Parliament fail to legislate on the matter within the 6-month timeframe, the ban on instant triple talaq will continue.
In a tersely worded opinion, Justices Nariman and Lalit said: “it is clear that this form of talas (Talaq-ul-Biddat) is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation…this form of talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution… and must be struck down as being void.”
The historic verdict – its lure only slightly diminished because it wasn’t unanimous as Chief Justice Khehar and Justice S Abdul Nazeer thought it better to lob the controversial ball in the court of the government and Parliament – comes as a major relief to lakhs of Muslim women across India whose lives have been ruined due to the practice of triple talaq.
Shayara Banu, a key petitioner in the case, expectedly welcomed the judgement saying it was “a historic day for Muslim women and the government too should now bear the opinion of the three judges (who termed triple talaq as unconstitutional) in mind while framing an appropriate legislation that reaffirms the invalidity of the practice.”
The All India Muslim Personal Law Board (AIMPLB) which had opposed both, a judicial intervention in what it called an “internal matter of the Muslim community” and any effort to ban triple talaq, has now been left with little option for a recourse. However, the legal committee of the AIMPLB will now study the verdict and give its opinion on it to the Board’s executive committee which will then discuss, at a meeting scheduled for September 10 in Bhopal, “the future course of action” available to it.
What needs to be born in mind, however, is that the order of the Supreme Court can be applied only to ban the practice of instant triple talaq or Talaq-ul-Biddat as only this was the matter under jurisdiction. The order does not state anything on banning, regulating or upholding the other form of divorce prevalent in the Islamic community – Talaq-ul-Sunnat or revocable divorce. Talaq-ul-Sunnat, which finds sanction in the Hadees/Hadith (the preachings of Prophet Mohammed), allows for a divorce to be revoked if the husband and wife reconcile their differences. Instant triple talaq, however, doesn’t find any mention in the Quran or the Hadees as has been pointed out by several Islamic scholars and legal experts during the hearing in the Supreme Court and also upheld by the three judges who termed it an “arbitrary” practice.
Chhattisgarh: Prime Minister Narendra Modi hits out at Congress, accuses party of dividing Hindus
PM Modi quoted his predecessor PM Manmohan Singh and said the minorities had the first right to the country’s resources. PM Modi added Congress is now saying the population of the community will decide who will have the first right to the country’s resources.
Prime Minister Narendra Modi slammed Congress after the Bihar government’s caste census results were declared. He said the Congress party is dividing the Hindus as the poor people formed the largest part of the population. PM Modi was addressing a rally in Poll bound Chhattisgarh Jagdalpur
PM Modi quoted his predecessor PM Manmohan Singh and said the minorities had the first right to the country’s resources. PM Modi added Congress is now saying the population of the community will decide who will have the first right to the country’s resources. PM Modi asked if the Congress party wanted to decrease the rights of the minority. He further inquired whether the Congress party wanted to remove the minorities.
PM Modi continued to his attack on the Congress and asked whether the Hindus who formed the largest section of India’s population come forward and take their rights. PM Modi further added the Congress party is not run by its people and has been outsourced. He said senior Congress leaders did not have their say in the decisions made by the Congress party.
PM Modi said the Congress party is trying to divide the Hindus. He added the Congress party is dividing the poor. They are trying to destroy the country. PM Modi slammed the Congress party for playing with the emotions of the poor. He added the Congress party has divided India on the basis of caste lines for sixty years.
The Bihar government released the findings of its caste census. According to the survey extremely Backward classes (EBC’s) and other backward classes (OBC’s) constitute 63 percent of total population of Bihar. The Congress party has promised a caste based census in the country if it came to power at the Centre.
India-Canada ties: India asks Canada to withdraw 40 diplomats by October 10
Canada has currently a total of 62 diplomats in India. New Delhi has instructed Canada to decrease the number to 41 at their high commission.
India has asked Canada to withdraw around 40 diplomats by October 10 as the diplomatic row between the two nations over Ottawa’s allegations of New Delhi’s involvement in the killing of Khalistani terrorist Hardeep Singh Nijjar in Canada. According to reports India has threatened to remove the diplomatic immunity of any candian diplomat if they remained in India after October 10.
Canada has currently a total of 62 diplomats in India. New Delhi has instructed Canada to decrease the number to 41 at their high commission. Boehm said PM Justin Trudeau does not expect to back down. He added India sees Canada as an easy mark. He said India is aware of Ottawa’s limited capacity to retaliate because of the presence of a minority government in Canada.
Trudeau is the leader of the Liberal Party. He shares power with Canadian Sikh leader and Indian origin Jagmeet Singh who is the head of the New Democratic Party in Canada. India had previously said it wanted an equal number of diplomats posted in the country and Canada. At the High commission in Delhi Canada has many diplomats compared to what India has in Ottawa.
Diplomatic crisis between Canada and India emerged after Canadian PM Justin Trudeau said the Canadian agencies have been actively pursuing credible allegation of a potential link the killing of Hardeep Singh Nijjar and the Indian government. India had stated Nijjar as a terrorist in 2020. India rejected Canada’s allegations and called them motivated and absurd.
Hardeep Singh Nijjar was the chief of the banned Khalistan Tiger Force (KTF). He was shot dead outside a Gurudwara in Surrey, British Columbia, Canada in the month of June. Ottawa expelled an Indian official over the case. India in response expelled a Canadian diplomat. Visa services were also expelled by the Indian government for Canadian citizens.
Earthquake of 6.2 magnitude on Richter scale shakes up Delhi-NCR, North India
Reports said the tremors were felt acutely by people residing in high rises and many fled by staircase to the groundfloor and were awaiting more aftershocks.
Strong tremors lasting almost a minute rocked parts of Delhi-National Capital Region, and several northern states after a 6.2 magnitude earthquake at its epicentre hit Nepal.
Reports said the tremors were felt acutely by people residing in high-rises and many fled by staircase to the groundfloor and were awaiting more aftershocks. Similar sights were visible in the region’s office districts. The tremors were also felt in parts of Haryana, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand just after 2.45 pm. According to the Delhi Disaster Management Authority website, “Delhi is located in zone IV which has fairly high seismicity where the general occurrence of earthquakes is of 5-6 magnitude, a few of magnitude 6-7 and occasionally of 7-8 magnitude. Delhi thus lies among the high-risk areas.” The site adds that Delhi and the union territory region has already seen five earthquakes of the 5.5 to 6.7 scale since 1720.
There has been no report of damage to life and property as of now and reports are awaited on the situation in Nepal. Seismologists said the epicentre was 5 km underground in Bhatekhola in Nepal. The Himalayan country has already faced a massive quake on April 25, 2015 of 7.8 magnitude. Some 9,000 people died and injured more than 20,000.
According to the National German Research Centre for Geo sciences has said that magnitude 5.6 earthquake struck Nepal region. According to National Siesmological Centre an earthquake measuring 5.3 magnitude hit western parts of Nepal. No loss of property or life has been reported.
The earthquake was recorded with epicenter at Talkot area of Bajhang district, 700 km west of Kathmandu. Two earthquakes of magnitude 4.6 and 6.2 on the Richter scale jolted Nepal. The two tremors were felt within half an hour time. Union Health Minister Mansukh Mandaviya came out of Nirman Bhawan with others, as strong tremors hit different parts of North India.