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 6,2024

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Bengaluru: The Congress and BJP will lock horns on the electoral battleground again in less than a fortnight in Karnataka, as the stage is set for the second phase of elections in the 14 remaining Lok Sabha seats on Tuesday.

It is going to be a straight fight between the ruling Congress and BJP in Parliamentary segments in the northern districts. The JD(S) is not contesting in these seats and is supporting its National Democratic Alliance (NDA) partner -- the BJP.

The state has a total of 28 Lok Sabha constituencies. The first phase of polling in 14 seats in most of the southern and coastal districts was held on April 26.

A total of 227 candidates -- 206 men and 21 women -- are in the fray for the second phase.

More than 2.59 crore voters are eligible to exercise their franchise in 28,269 polling stations where voting will take place between 7 am to 6 pm.

The segments where elections will be held on Tuesday are: Chikkodi, Belgaum, Bagalkot, Bijapur, Gulbarga, Raichur, Bidar, Koppal, Bellary, Haveri, Dharwad, Uttara Kannada, Davangere and Shimoga.

In the 2019 Lok Sabha polls, BJP had swept all these 14 seats, defeating Congress and JD(S), which were in alliance and ruling the state then.

Having scored a thumping victory in the Assembly elections last year, the Congress now appears determined to put up a strong show.

Karnataka is the most important state for the BJP in south India as it's only here that it has held power in the past.

Speaking to PTI, Karnataka Chief Electoral Officer Manoj Kumar Meena said adequate security arrangements have been made for Tuesday's polling.

"Around 1.45 lakh polling officials have been deployed across the 14 constituencies. In addition, 35,000 civil police personnel, 65 companies of Central Paramilitary forces and armed police of other states will be deployed for the polling day," he said.

Besides this, 4,000 micro-observers will also be on duty and 17,000 polling stations will be covered by webcasting, he added.

Davangere has the maximum number of 30 candidates, followed by 23 in Shimoga and Raichur has the least number - eight.

Former Chief Ministers Basavaraj Bommai (Haveri) and Jagadish Shettar (Balgaum), Union Ministers Pralhad Joshi (Dharwad) and Bhagwanth Khuba (Bidar) -- all from BJP; Congress' Geetha Shivrajkumar (Shimoga) -- wife of actor Shivrajkumar and daughter of former CM S Bangarappa and AICC President Mallikarjun Kharge's son-in-law Radhakrishna Doddamani (Gulbarga), are among the prominent names in the fray.

Also in the contest are MP and veteran BJP leader B S Yediyurappa's son B Y Raghavendra, suspended party leader and former Deputy CM K S Eshwarappa -- both from Shimoga, former Speaker Vishweshwar Hegde Kageri and ex-Minister B Sreeramulu of BJP from Uttara Kannada and Bellary respectively and retired IAS officer G Kumar Naik of Congress from Raichur.

Stakes are high for several Ministers in this phase with their children in fray.

Sons of Ministers Laxmi Hebbalkar and Eshwar Khandre - Mrinal Ravindra Hebbalkar and Sagar Khandre - are contesting from Belgaum and Bidar respectively, while daughters of Ministers Satish Jarkiholi and Shivanand Patil -Priyanka Jarkiholi and Samyukta Patil- are in contention in Chikkodi and Bagalkot respectively.

Prabha Mallikarjun, wife of Minister S S Mallikarjun and daughter-in-law of veteran Congress leader Shamanur Shivashankarappa, is in the fray from Davangere.

The Congress' performance in the elections, especially in the second phase which covers almost all Lingayat-dominated districts, is crucial, as the party did not win one of them in 2019, and to also check whether the grand old party has managed to retain the support of a section of Lingayats -- considered as the BJP's core vote-base -- which seemed to have somewhat shifted towards it in the 2023 Assembly polls.

The Lok Sabha election is being seen as a big test of sorts for Congress state unit chief D K Shivakumar, who has made no secret of his ambition to become chief minister, amid speculations of change in guard mid-way of the Assembly term. The stakes are also high for Chief Minister Siddaramaiah, as victory in this election is seen as key to strengthening his hands, analysts say.

It is also seen as a kind of a "litmus test" for state BJP president B Y Vijayendra, who has the onerous task of helping the party retain its supremacy in the Lok Sabha polls, by regaining its traditional Lingayat vote-base.

Ensuring a BJP sweep is paramount for the son of veteran leader B S Yediyurappa, to consolidate his position and silence critics who have questioned his selection to the post, overlooking seniors and seasoned hands.

The ruling Congress is mostly banking on the implementation of its populist five guarantee schemes while the BJP seems to be leveraging the "Modi factor" to the hilt.

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News Network
May 5,2024

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Bengaluru, May 5: In a major development, the Special Investigation Team (SIT) probing the sex video scandal involving JD-S MP Prajwal Revann on Saturday arrested his father and JD-S MLA H.D. Revanna following the rejection of his anticipatory bail plea in a victim kidnapping case by the People’s Representative Court in Bengaluru.

H.D. Revanna was taken into custody from the residence of his father and former Prime Minister H.D. Deve Gowda in Bengaluru’s Padmanabhanagar locality.

First, he was taken to the SIT office on the premises of the Criminal Investigation Department (CID). After preliminary questioning, the former JD-S minister was taken to the Bowring Hospital for a medical check-up.

Sources said he will be produced before the magistrate at the latter's residence later.

Commenting on the development, Chief Minister Siddaramaiah told mediapersons that he won’t interfere in the matter.

“Action should be initiated as per the law,” he said.

Deputy Chief Minister D.K. Shivakumar said, “We will not interfere in anything related to this matter. Let them get protection from the court under the law."

Shivakumar also said that let the proceedings follow the manner suggested by former CM H.D. Kumaraswamy.

Quoting a Kannada proverb, Kumaraswamy had said that those who commit crime must be punished.

The SIT officers reached the former PM’s residence soon after the court turned down his anticipatory bail plea in a case related to the kidnapping of a woman who was allegedly sexually assaulted by his son Prajwal Revanna, the sources said.

Earlier on Saturday, the SIT traced the kidnapped woman to the farmhouse of Rajashekar, the personal assistant (PA) to H.D. Revanna, at Kalenahalli village in Mysuru district.

In the court, Special Public Prosecutor B.N. Jagadish submitted that the case is about saving the life of a poor woman.

Jagadish argued that H.D. Revanna did not turn up before the authorities even after being served three notices.

Senior counsel Muthy D. Naik, appearing for H.D. Revanna, argued that the only allegation against his client is a statement that he had called the victim to his residence.

Barring this, there is nothing to prove the role of H.D. Revanna in this case, he argued, adding that the statement was made by an accused in the case, with whom his client has no connections.

He also claimed that the SIT has deliberately added IPC Section 364A, which attracts life imprisonment and capital punishment, to ensure that his client’s bail plea is rejected.

The other IPC Sections invoked in the case — 363 and 365 — attract imprisonment of less than seven years. Therefore, to prove the innocence of H.D. Revanna, he should be granted bail, Naik submitted.

Meanwhile, the woman, who had gone missing on April 29, was found locked up in the farmhouse when the SIT officers reached there following a tip-off.

Sources said Rajashekar is absconding ever since the SIT traced the missing woman to his farmhouse.

The woman is being brought to Bengaluru where her statement will be recorded.

On Friday, Karnataka Police registered an FIR against H.D. Revanna in connection with the kidnapping of the woman, believed to be one of the victims of the sex video scandal involving his son Prajwal Revanna.

The woman’s son had registered a kidnap case naming H.D. Revanna as the prime accused in the case.

His relative Satish Babu was named as the second accused in the FIR, whom the police arrested from Mysuru district on Friday.

The woman’s son alleged that his mother went missing after the surfacing of a purported sex video in which Prajwal Revanna could be seen sexually assaulting her.

He also alleged that his mother was locked up in an undisclosed location, as he pleaded with the police to initiate legal action against H.D. Revanna and Satish Babu.

Prajwal Revanna, the sitting JD-S MP from Hassan, has reportedly fled from the country.

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News Network
May 10,2024

Mangaluru: A teenage boy from a remote village in Dakshina Kannada district, who was undergoing treatment for stomach pain for past few days, breathed his last after hospitalization. 

The deceased has been identified as Nithin Kumar, 19, who had completed PUC and was attending computer classes. 

According to police, on May 4, when he informed his family that he had been suffering from a stomach-ache for the past 4-5 days, his family members took him to a clinic in Kaniyoor.

The doctors who examined him advised him to undergo scanning. He was informed about a kidney stone and later, they returned home. That same night, he suffered from stomach-ache again and was rushed to a private hospital in Puttur.

On May 7, as per doctors’ advice, he was discharged around 12:45pm. However, when he came home around 2:30pm, he again suffered from stomach-ache and was taken to another private hospital in Puttur, where doctors conducted a surgery.

On Wednesday, as per doctors’ advice, he was asked to be shifted to Mangaluru for better treatment.

He visited a private hospital in Derakatte, where doctors suggested that he be shifted to government Wenlock Hospital.

The doctors who examined him at the Wenlock Hospital declared him dead. A case has been registered at the Bellare police station, and an investigation is on.

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