Triple talaq not sanctified by Islamic shariah: Modi govt

September 24, 2016

New Delhi, Sep 24: Prime Minster Narendra Modi led union government has decided to tell the Supreme Court that the claim that the practice of triple talaq is in conformity with the Shariah is misplaced because about 20 Islamic countries, including Pakistan and Saudi Arabia, regulate matrimonial laws.

1tripletalaq
Steering clear of any mention of a uniform civil code (UCC), the Centre is set to argue that the plea advanced by the All-India Muslim Personal Law Board -that divorce by triple talaq is sanctified by the Shariah -is incorrect, and that the practice is a violation of the fundamental rights guaranteed by the Constitution in a secular state like India.

The Centre will articulate its position in an ongoing case challenging the practice.

"If regulating matrimonial laws is acknowledged in Islamic countries and not considered contrary to the Shariah, how can this be treated as such in a secular country like India where fundamental rights are protected under the Constitution?" a top government source said.

By side-stepping any reference to the UCC, the government hopes to counter any allegation that it is seeking to "impose" personal laws on the minorities. The government has referred the UCC issue to the Law Commission of India which will hold wide consultations, including discussions with various personal law boards and other stakeholders.

The Centre's approach -opposing the triple talaq as a violation of the fundamental rights of Muslim women -is a strong rebuttal of the All India Muslim Personal Law Board (AIMPLB). AIMPLB has defended the practice of polygamy and talaq and questioned the court's authority to adjudicate a religious matter derived from the Quran and Shariah law.

A group of ministers -comprising home minister Rajnath Singh, finance minister Arun Jaitley, defence minister Manohar Parikkar, women and child development minister Maneka Gandhi and law minister Ravishankar Prasad -has taken the view that the triple talaq issue should not be seen as the government's stand on a uniform civil code.

The issue of triple talaq is to do with gender justice; it should be non-discriminatory to women and protect the dignity of individuals, the source said. The right to practise one's faith is protected under the fundamental rights enshrined in the Constitution, he added, and is not impacted by setting aside triple talaq.

The government sees practices like triple talaq as discriminatory and believes it should be regulated under the law.

The SC had on September 5 asked the Centre to file a response within four weeks on a bunch of petitions challenging the Muslim practices of polygamy and triple talaq. The petitioners had demanded scrapping of Section 2 of the Muslim Personal Law (Shariah) Application Act, 1937, as they said it was unconstitutional and violated the fundamental rights guaranteed under Article 14 of the Constitution.

"About 20 Islamic countries have regulated marital laws, including Pakistan and Saudi Arabia, and Muslim-majority Bangladesh. If regulating these laws are not against Shariah in these countries, it should not be seen as one in India," the source said.

Once the Law Commission report on a uniform civil code is available, the government may call an all-party meeting to arrive at a consensus on the subject, a law ministry source said.

Comments

shaji
 - 
Sunday, 25 Sep 2016

Dear Naren, in case you are a true follower of Mahabharath, your women (your wife / mother / sister) should have at least 6 husbands. How many husbands do they have. If not you people are not followers of Mahabharath and you have no right to finger others.

Bopanna
 - 
Saturday, 24 Sep 2016

Ahmad Kc, Islam treats women well ,? It's a joke, Mohammad married Aisha when she was what ? 6 Years !!!!

Ahmed K. C.
 - 
Saturday, 24 Sep 2016

Naren Kotian,
You mean to say that in this 21st century you people are not practicing what is mentioned in you books or what was practiced earlier. Means, you people have changed and improved. where as according to you We Muslims are still in 6th Century.
Fine, What we have with us do not require any changes till the end of this world. Because what we have is just PERFECT. Does not require any changes, repairs, improvements etc.,
But, the one require changes all the time is NOT A PERFECT ONE.
Always need corrections.

Ahmed K. C.
 - 
Saturday, 24 Sep 2016

PK, Mangalore,
I don't think it's useful to comment on Naren Kotian's comments at all. You can see from the choice of his words that he is using to abuse people.
We can explain to those who have patience and tolerance. Not to educated brutes.
He thinks he is only intelligent and all others are fools.

PK
 - 
Saturday, 24 Sep 2016

Naren
Please read attentively what Ahmed KC wrote and then Go and check up in Manusmriti and also Ponder on what Ponder suggests and Also look for what NOOR suggests...
Please Give YOUR BRAIN something Good, its already fed up with Hatred and jealousy... the more hatred U spread , Ur heart will die and will become like stones and doesnt recognise the good of what people says...

PK
 - 
Saturday, 24 Sep 2016

Even in this 21st century , we see people worshiping the stones which is lifeless and motion less... (Neither it can harm nor it can benefit the beautiful creation of God \the human beings)
Wake up guys , Use your intellect &... look for NA TASYA PRATIMA ASTI... (There is no image of GOD)
Stop bowing down to life less created things and PONDER on who is Worthy of WORSHIP..."

Naren kotian
 - 
Saturday, 24 Sep 2016

Mr ahmed we are not living in 6th century like u guys ...so grow up ..sumne gadda bidodalla ...biryani ge kaas illa Andre helu kodona ...papa Saudi shake galu duddu kaluhisilla antha kanuthe ...grow up ..boost kudi...haha...infant marriage and child marriage in our community that too in 21 St century ...dodda joke...adu sati Anthe ...widow remarriage ilvanthe ....oops bari madrasa dalli idre heege agodu ...common sense baralla ...

PONDER
 - 
Saturday, 24 Sep 2016

Brother Non Muslims... please watch to understand rather than commenting like hate mongers without using their intellect...
Please watch the below video as well as the one Mr. NOOR sent (Comment #1)
Well said Ahmed KC...
(please watch below video)
Br.Imran Answering About Triple Talaq To A Non Muslim Sister.

NOOR
 - 
Saturday, 24 Sep 2016

MAJHA VISHESH : Aurangabad: Discussion on Ban Muslim Triple Talaq Law
Watch on utube .....

Narenkotian
 - 
Saturday, 24 Sep 2016

One particular community women must be protected from.slavery and compression ...they are being raped in the pretext of religion ...no wonder I found lot of Muslim gals and women in all Hindu mutts like art of living And iskon ..papa brutal suppression... It should end.

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News Network
May 18,2024

Devegowda.jpg

Bengaluru, May 18: JD(S) patriarch HD Deve Gowda, who turned 92 on Saturday, broke his silence on the sexual abuse charges leveled against his grandson and MP Prajwal Revanna. He stated that he has no objection to the action taken against him if found guilty. However, he mentioned that the cases against his son, JD(S) MLA HD Revanna, who is facing charges of sexual harassment and kidnapping of a woman, were 'created'. He refrained from further commenting as the matter is sub judice.

Recently, Gowda announced his decision not to celebrate his birthday and requested well-wishers and party workers to wish him from wherever they are.

"... I don't want to comment on things that are going on in the court regarding Revanna. Prajwal Revanna has gone abroad. Regarding that, Kumaraswamy (Gowda's other son and state JD(S) chief) has, on behalf of our family, said it is the duty of the government to take action in accordance with the law of the land," Gowda said.

Addressing reporters, the former PM said, "There are several people connected to these sexual abuse cases. I don't want to mention anyone's names. Kumaraswamy has stated that those involved in this matter should face action, and the affected women should get justice and compensation."

"There is no objection from us to taking action against Prajwal. But people have come to know the facts about the allegations made against Revanna, how the case has been created. In one case, he has been granted bail, and in another case, the judgment is expected day after tomorrow... I don't want to comment on it," he said, concurring with Kumaraswamy's statement that if found guilty, no one should be spared.

Prajwal (33) is facing charges of multiple instances of sexually abusing women. The scandal has sparked a political storm with the ruling Congress and BJP-JD(S) engaged in a slugfest.

Prajwal reportedly left for Germany on April 27 and is still at large. An Interpol Blue Corner Notice has been issued against him in an effort to bring him back.

He was the BJP-JD(S) alliance's joint candidate from the Hassan Lok Sabha segment, which went to polls on April 26.

Meanwhile, Gowda's 66-year-old son, Revanna, a former Minister, has been granted interim anticipatory bail from a court here in a sexual harassment case in which his son Prajwal is also an accused.

Asked whether there was a conspiracy to defame and politically scuttle his family, Gowda said, "It is true... considering all that has happened, several people are involved. I won't mention names. Kumaraswamy will address what action needs to be taken."

Responding to a query on BJP leader and advocate G Devaraje Gowda's allegations that Deputy Chief Minister DK Shivakumar is behind the circulation of a pen drive containing explicit videos involving Prajwal Revanna, Gowda said Kumaraswamy will respond to all of this.

"We have seen in the media what Devaraje Gowda has said. Kumaraswamy, as the party's state President, has been actively responding to all this. He will speak. I won't at this point. I had campaigned for the Lok Sabha polls. On June 4, after the Lok Sabha poll results are announced, I will meet with you (media)," he added.

Gowda also appealed to media persons campaigning near his house to end it. "I also appeal to your owners."

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News Network
May 21,2024

prjwalhamku.jpg

Bengaluru: Home Minister G Parameshwara on Tuesday said that the Karnataka government has written to the Ministry of External Affairs (MEA) seeking the cancellation of the diplomatic passport held by absconding JD(S) MP Prajwal Revanna. This follows an arrest warrant issued by a special court against the Hassan MP wanted in multiple rape and sexual harassment cases.

Speaking to reporters in the city, Parameshwara said that Chief Minister Siddaramaiah had already written to Prime Minister Narendra Modi regarding the cancellation of Prajwal's passport.

“But the department writing it, as per the law, is different,” the Home Minister said. “A warrant has been issued now (and) based on the warrant, a letter has been written, stating that a warrant has been issued and the diplomatic passport has to be cancelled.”

Parameshwara said that in case the ministry cancels the passport, it will be impossible for Prajwal to stay in a foreign country and he would be compelled to return.

"We have written to the Ministry of External Affairs as matters related to passports come under them, they will have to respond to it," he added.

Prajwal fled to Germany after the Phase II Lok Sabha polls in the state on April 26. A few days before the polls, explicit videos of women allegedly harassed and sexually assaulted by the MP were leaked and pen drives filled with the visuals were purportedly distributed in Hassan.

Prajwal is accused of raping two women. He is also accused in a separate sexual harassment case, where his father JD(S) MLA HD Revanna is the co-accused.

On Saturday, a Special Court for Elected Representatives issued an arrest warrant against the MP after the Special Investigation Team (SIT) set up to probe the Hassan sex abuse case moved an application.

Earlier the SIT had issued Look Out Circulars and a Blue Corner Notice, seeking the whereabouts of the MP, was also issued by Interpol in response to a request by the SIT via the Central Bureau of Investigation (CBI).

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News Network
May 29,2024

prajwalrevanna.jpg

Bengaluru: Suspended JD(S) leader Prajwal Revanna, who is facing allegations of sexually abusing several women, on Wednesday moved a Special Court here seeking anticipatory bail in a rape case registered against him.

According to official sources, Prajwal has booked a return flight ticket to Bengaluru from Munich on May 30, and is expected to land in the city in the small hours of May 31.

His advocate filed an anticipatory bail application in the Special Court for cases involving MPs/MLAs.

Prajwal, grandson of JD(S) supremo H D Deve Gowda, is accused in an alleged rape and sexual harassment case involving a 47-year-old woman.

He reportedly left for Germany on April 27, a day after Hassan LS seat went to polls, and is still at large.

A Special Court for Elected Representatives has issued an arrest warrant on May 18 against Prajwal Revanna, following an application moved by the SIT.

However, later the SIT arrested his father and JD(S) MLA H D Revanna, who is allegedly involved in kidnapping the woman.

All eyes are on Kempegowda International Airport where Prajwal is expected to arrive on May 31, and the SIT is likely to arrest him the moment he lands.

Meanwhile, Prajwal's mother Bhavani Revanna has filed an anticipatory bail in the special court for elected representatives fearing arrest in the kidnap case linked to her husband.

The SIT filed objections to granting the anticipatory bail to her and also sought to cancel the interim anticipatory bail issued to H D Revanna in the same case.

Bhavani Revanna's anticipatory bail order is reserved for May 31.

SIT seizes pillows, bed

Meanwhile, the Special Investigation Team (SIT) probing the sexual abuse case against MP Prajwal Revanna on Wednesday has seized the pillows, bed and bed sheets from the MP's government house in Hassan.

As the date of MP Prajwal Revanna's return to Bengaluru nears, the SIT has intensified its probe.

The SIT and Forensic Science Lab team, which began inspection at the MP's house in Hassan, on Tuesday afternoon continued the search till 4 am on Wednesday. The belongings were seized by the SIT sleuths after a 10-hour long inspection at the government house of the MP on R C Road in Hassan.

Meanwhile, Naveen Gowda and Chetan Gowda, the duo arrested in connection with the circulation of pen drive containing sleaze videos, were brought to Hassan for spot mahazar.

They were subjected to medical examinations at the Hassan Institute of Medical Sciences and were questioned by the Cyber crime police ASP M K Thammaiah and Inspector Jagadish. They were also taken to their houses in Belur and Shravanabelagola for mahazar.

The accused were produced before the second additional district and sessions court in Hassan. They court has remanded them to SIT custody for three days, till June 1.

They will be produced before the court again at 4.30 pm on June 1 when the custody ends.

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