Triple talaq unconstitutional, violates rights of Muslim women: Allahabad HC

December 8, 2016

New Delhi, Dec 8: The Allahabad High Court on Thursday said that the practice of triple talaq among Muslims is unconstitutional and it violates the rights of women. The high court said that no personal law board is above the Constitution. It said, “Triple talaq is unconstitutional, it violates the rights of Muslim women. No personal law board is above the Constitution.”

Triple
Several political parties reacted to the High Court's say, with both the BJP and the Congress hailing the court's observation. Muslim Law board, AIMPLB, said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict. Appreciating the court's say, social activist Zakiya Soman said, “I welcome the verdict of Allahabad HC, its true that triple talaq is not constitutional and it must be abolished.”

The triple talaq refers to pronouncement of the wordtalaq' thrice in one go by Muslim men to divorce their wives.

Earlier this week, Islamic organisation Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq is deeply rooted. In the argument that it forwarded, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.

“There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” it said.

In November, the All India Muslim Personal Law Board (AIMPLB) decided to form a women's wing to discuss the issues of talaq, among several others. AIMPLB passed a resolution in favour of triple talaq. The resolution passed at the AIMPLB's three-day convention stated that the government was infringing into the personal laws of Muslims.

Comments

Mohammad.n
 - 
Saturday, 10 Dec 2016

I dont know what is coastaldigest editor doing when such useless and hatred comments are piblished online to be seen by the world. If you have prestige just maintain your ethics. Worst place to read news. Better i will switch to newspapers where i can read and close the paper instrad of spoiling my brain here.

Naren kotian
 - 
Thursday, 8 Dec 2016

Haha look at frustration among Muslim guys here ...looks like they are worried as their women will run to court to ask for compensation ...ishtu dina kabbaddi aadiddo adiddu ...convert agirorige banni 4 sigathe mele 72 bere kaadide antha aase huttisi convert maadko ta idru ...their worry is well known ...in coming days cashless transaction will increase and this community mainly dependent on cash based mechanism ..it has it hard and it will be having devastating affect ...matter irode illi ...tax kattade ...sikthu chance antha 3 -4 madwe agi kabbaddi aadtha idru ...adakku hodetha barjari agi biddide mundhe innu joragi bilatte ...if this law is enacted ...they cannot marry so easily ...modle avara community nalli gals sankhye jaasthi ...dowry bere ...moreover their women are getting educated day by day and they are coming in contact with non Muslims ...so ivara bhaya irodu ille....women bere dharmada yuvakara kade kade attract agi hogthare....complete Islam madakke kashta Agathe ...population na pump madodakke iro motor the inner circuit ye kottu hogarhe ...hahahaha ....ene aagli burnol and itch guard sales jaasthi agodralli sandeha ne illa ....one guy commenting about daliths here ..swamy ..neevu saabi ne ...Arab milk shake galu saabi ne. but Arab race ge priority jaasthi ..non Arabs second class yaake ...Arab boys ...

Adu bidi swamy ..if a Hindu gets converted to Islam. Yaava sub sect ge antha seriskoteera ? Simple question ...if that neo convert Hindu decides to marry ...henge babes na allot maadtheera .,even if he is highly educated and believe in Islam ..yaaru hennu kodalla first question barode hanafi sanafi salafi..kulfi..wahabi na antha able hadees antha na ..or deendaar antha na ..free from shirq and bidth idana antja ..jaathiyathe yella dharma dallu ide ...for us India first ...religion next ...

VIJAYA KUMAR
 - 
Thursday, 8 Dec 2016

@Pedo...you are spot on..

Rikaz
 - 
Thursday, 8 Dec 2016

Court took this step because they can make good business out of it....then every client will go to court to fight for divorce.....I am not saying that the system triple talak at one time is right...that is very bad....as per Islam that should be done on step by step basis at 3 occasions....not at one time pronouncing 3 talaqs.....

Rikaz
 - 
Thursday, 8 Dec 2016

Now its courts job to join Modi with his wife....

Kaizer
 - 
Thursday, 8 Dec 2016

If that is unconstitutional then why not daliths are as chief of temples , why only one category of Hindus are appointed as archaks.

Skazi
 - 
Thursday, 8 Dec 2016

@ Kannadiga.... can we hear from u what the Quran says about Talaq .....Thanks ....

Kannadiga
 - 
Thursday, 8 Dec 2016

As a human being we must respect HOLY QURAN and to its principle and policy. no one has a right to go against it or to tamper it's policy.
100% it is the book from the Creator / God not written by any human being.
Now about the INDIAN constitution , it is the fundamental right of every INDIAN citizen to respect and follow. But the opinion taker, judge is playing with the constitution is very unfortunate, before talking any thing against Quran and its contents he must think very deeply study thoroughly. Else the consequence will effect badly on whole country.

Judge is not superior than any such holy book.
Followers may plenty be with different mind set, which we cannot compare with holy book.
Jai Hind !

shaji
 - 
Thursday, 8 Dec 2016

This verdict is incorrect. Court can not favor hand count females and neglect 99.9 percent of Muslim women. these so called moderate muslim women are either married to non muslim men or gf of non muslims. They have no knowledge of islam and dont know abc of sharia. These modern name sake muslim women are not forced by any one to follow sharia and be Muslims. They are free to switch to another belief. However, they have no right to interfere in the shariat law which can never be changed. Modesty is priority in Islam. Do these women will also fight for nudity as in western countries. They are free to adopt western life and have free life living with anyone they wish. As they are not respecting Talaq issue as per shariat, they should not marry to muslim men. also, they should not wear quarter hijab. These so called moderate ladies are lured by sangh parivar and they feel shame to call themselves as muslims.

Ansari
 - 
Thursday, 8 Dec 2016

Triple TALAQ is not one shot go ....it has certain period to say 3 Talaq's and its better than other man made religious laws .

its GOD's law and he will protect through Men or group of men if tried to interfere ....

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News Network
May 18,2024

devaraje gowda.jpg

In a fresh claim, arrested BJP leader and advocate G Devaraje Gowda has alleged that Deputy Chief Minister D K Shivakumar and four other ministers were behind exposing Prajwal Revanna’s sex scam that has brought disgrace to Janata Dal (Secular) H D Deve Gowda family. 

Devaraje Gowda has been arrested in a sexual abuse case. 

Speaking to reporters while being taken to the district prisons, in Hassan on Friday, Gowda alleged that he was offered Rs 100 crore to drag the name of H D Kumaraswamy in the Prajwal’s case. 

“D K Shivakumar had offered me Rs 100 crore to project that H D Kumaraswamy was behind the case. The offer was made through ministers N Chaluvarayaswamy, Krishna Byre Gowda, Priyank Kharge and another minister. They had even sent Rs 5 crore as advance to Bowring Club. But I did not agree. Hence, they hatched a plot to trap me,” Gowda alleged.

“It is D K Shivakumar, who collected all information from Prajwal Revanna’s former car driver Karthik and readied the pen drive. A team of four ministers were formed to handle the issue. As I did not agree to the plan. They planned to bring disrepute to the BJP, Narendra Modi and H D Kumaraswamy,” he said.

Gowda further alleged that former MLC M A Gopalaswamy of Channarayapatna was sent to him for negotiation.

“The main intention of D K Shivakumar is to bring disrepute to Modi and BJP in the case. Besides, he wanted to defame H D Kumaraswamy’s leadership in the state” he claimed. “They filed a sexual harassment and rape case against me, but found no evidence. Now, they are trying to fix me in the pen drive case” he alleged.

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News Network
May 7,2024

prajwa.jpg

The International Criminal Police Organization (Interpol) on Monday responded to Karnataka’s Special Investigation Team (SIT) regarding a blue corner notice issued against JDS MP Prajwal Revanna.

In its response, Interpol said that all 196 member countries were alerted to identify and report if Prajwal Revanna is spotted at any port in their jurisdiction.

The Karnataka government issued a Blue Corner Notice on Sunday against Prajwal Revanna, who is facing allegations of sexual abuse by his staff members.

A Blue Corner Notice is issued by the international police cooperation body to collect additional information from its member countries about a person’s identity, location or activities about a crime.

The notice was issued after the 33-year-old Hassan MP reportedly flew to Germany soon after the Karnataka State Commission for Women chairperson Nagalakshmi Chowdhary wrote to the CM to order a probe into the sexual allegations against Prajwal.

Last week, the anticipatory bail application of Prajwal Revanna was also denied by Justice Santosh Gajanana Bhat’s bench of People’s Representative Court in Bengaluru.

Earlier, his MLA father and son of former Prime Minster HD Deve Gowda, HD Revanna was remanded to Karnataka SIT custody in a kidnapping-related sex scandal case.

His arrest came after the kidnapped victim was rescued from Revanna’s close assistant Rajasekhar’s farmhouse in Kalenahalli, Hunsur Taluk after the SIT conducted the rescue operation to find her, the police said.

The abduction case was filed by the son of a woman who worked at the Revannas’ house for nearly five years. He alleged that his mother was kidnapped from her home on April 29 by Satish Babanna a relative of Revanna.

The Karnataka Sex Scandal case pertains to explicit video clips allegedly involving the 33-year-old Prajwal, grandson of JD(S) patriarch and former Prime Minister H D Deve Gowda, which went viral on social media.

Those videos began to make rounds in Hassan in recent days, following which the state government constituted a Special Investigation Team (SIT) to probe the sexual abuse allegations against the MP.

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News Network
May 10,2024

devarajegowda.jpg

A day after National Commission for Women said no woman from Hassan approached the national body to file complaints against Karnataka MP Prajwal Revanna, a new FIR accusing BJP leader Devaraje Gowda of abusing and assaulting a woman has come to light.

The FIR against Gowda was filed by a woman at the Holenarasipura town police station on April 1, after her husband had filed a complaint against the BJP leader on March 30. 

The purported victim's husband has alleged in his plaint that Gowda barged into their home, and threatened the couple while the BJP leader also abused the woman.

Gowda, notably, flagged Prajwal Revanna's case to the saffron party.

Reacting to the allegations levelled against him, the BJP politico posted a video on Facebook where he details how he met the woman and her husband in his office. He also claims that the allegations against him are a plot and false.

It must be noted here that a Special Investigation Team is currently probing the sexual assault cases against Prajwal Revanna who along with his driver Karthik is no longer in the country. A Blue Corner notice is also in place to apprehend the son of H D Revanna who himself is placed under judicial custody till May 14.

In a major twist to the entire case— the woman in the FIR alleged that Devaraje Gowda who apprised BJP of the sex videos involving Prajwal Revanna— has been harassing her for the past 10 months under the guise of helping her sell a property.

The woman also said that she came in contact with Gowda during the process involving the property that she wanted to sell. However, on the pretext of guiding her, the woman alleged that the whistleblower BJP leader physically assaulted and harassed her while Gowda also threatened the couple.

The woman has now sought police protection for herself and family. Further levelling allegations against Gowda in her plaint, she said that the politico had taken her to an isolated place where he assaulted her and threatened to kill the couple.

Former chief minister of Karnataka and Prajwal Revanna's uncle H D Kumaraswamy recently demanded a CBI probe in the Prajwal Revanna matter. However, Home Minister G Parameshwara turned down the demand for the investigation to be handed over to CBI.

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