Defending its 2019 law criminalising triple talaq, the Centre has told the Supreme Court that the practice is "fatal" for the social institution of marriage. In an affidavit filed in response to petitions challenging the law, the Union of India said despite the top court setting aside the practice in 2017, it has "not worked as a sufficient deterrent in bringing down the number of divorces by this practice" among the members of the community. "It is submitted that Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq. "The impugned Act helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment," the affidavit said. On 22 August 2017, the apex court had declared instant triple talaq (talaq-e-biddah) unconstitutional. On August 23, 2019, the top court agreed to examin
The Supreme Court on Friday ordered clubbing a fresh plea challenging the validity of certain provisions of the 2019 law, which make the practice of instant divorce through Triple Talaq a punishable offence, with those already pending with the court. Violation of the law entails imprisonment up to three years. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to hear the plea along with pending petitions on which notices were issued to the Centre in 2019. The fresh plea has been filed by Amir Rashadi Madani, a resident of Azamgarh in Uttar Pradesh. During the brief hearing, the CJI asked as to how the provisions violate the rights of men. The counsel for Madani said the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalise instant Triple Talaq and provide for punishment to men. Sections 3 and 4 of the law are contrary to each other, the lawyer claimed. Section 3 terms Triple Talaq as illegal and se
The appointment of former judges to other constitutional posts has long been a matter of debate in India
The coporator has been booked under various sections of The Muslim Women (Protection of Rights in Marriage) Act 2019, Dowry Prohibition Act and other sections of Indian Penal Code
How is Talaq-e-Hasan different from Triple Talaq, Khula, Mubaraat and Talaq-e-Ahsan? Why Supreme Court of India state the practice of Talaq-e-Hasan different from Triple Talaq? Read it now
A bench of Justices S K Kaul and M M Sundresh said if husband and wife cannot live together, it can also grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution
As a lawyer, he had been a special public prosecutor in the 2G spectrum case, besides representing clients like Amarinder Singh, and Salman Khan
Senior-most judge of the Supreme Court Justice U U Lalit, who is in line to become the next Chief Justice of India (CJI), has been part of several landmark judgements including 'triple talaq'
Cases of triple talaq have dipped since the enactment of the law against the instant divorce in the country, a member of the NCM said
Lauding Prime Minister Narendra Modi for bringing in law against Triple Talaq, BJP National President JP Nadda on Saturday said that no other party had the spine to remove it they only indulged in appeasement politics.While campaigning for the Uttar Pradesh elections, Nadda in Sultanpur said, "Supreme Court ordered to stop triple talaq. No other political party had the spine to remove it, they did politics of appeasement. PM Modi Ji brought the SC's order in the Parliament to get rid of it & give freedom to Muslim sisters."He further said, "Didn't Samajwadi Party shoot at Ram bhakts? Didn't the Congress party postpone & astray the issue of Ram Janmbhoomi? Kapil Sibal (Congress leader) used to say in Supreme Court to hold the decision (of Ram Mandir), otherwise, BJP will benefit."Two phases of the seven-phased polls in Uttar Pradesh have concluded, while the state will have another five phases of polling. Polling for the remaining five phases will take place on February 20,
AIMIM chief Asaduddin Owaisi on Saturday said the time has come for the people of Uttar Pradesh to say "talaq, talaq, talaq" to both the BJP and the SP in the ongoing UP Assembly polls.
Prime Minister Narendra Modi on Thursday called the opposition parties "selfish" for opposing triple talaq, saying they don't think for the good of even those who vote for them.
PM Modi's remarks at the rally here come amid a row in Karnataka where schools have stopped Muslim girls from attending classes while wearing hijab
Anti-triple talaq crusader Shayara Bano, who recently joined the BJP, has been given minister of state status by the Uttarakhand government
The book is an attempt 'to take the lid off this legalized form of prostitution, encouraged under the garb of faith by men of religion'
Its amendment of the Citizenship Act led to widespread countrywide protests in December, January, and February
The apex court referred the issue to a Constitution bench, which will hear the matter on May 11
The Muslim women who have filed the petitions have challenged the practice of triple talaq
Centre has already told SC that such customs violate Muslim women's right to equality and dignity
Apex court observed that it would examine whether the issue is fundamental to religion or not.