If Rama’s birth at Ayodhya can’t be doubted, why triple talaq: Sibal in SC

May 16, 2017

New Delhi, May 16: The Supreme Court on Tuesday continued its hearing on a bunch of petitions relating to the practice of triple talaq, with the All India Muslim Personal Board presenting its case in the court.

Kapil
Senior Congress leader and advocate Kapil Sibal, representing the AIMPLB, argued that a tradition like triple talaq, which is centuries old, cannot be termed unconstitutional all of a sudden.

“Triple talaq is going on since 1,400 years, how can you say it is unconstitutional? It's a matter of faith,” Sibal told the apex court bench.

Furthering his argument, Sibal said, “There is no question of constitutional morality and equity in matters of faith”.

Also making a reference to the Ayodhya temple issue, Sibal pointed out that if Hindus' faith about Lord Rama is not arguable, Muslims' faith in triple talaq should also not be questioned

"If Hindus faith about Rama's birth at Ayodhya can't be questioned, then triple talaq, a matter of faith for Muslims shouldn't be (questioned too)," said Sibal

He also referred to the fact that the source of triple talaq can be found in Hadith and that it came into being after the time of Prophet Muhammad.

Sibal further remarked that the court should not be hearing the case in the first place. The advocate said so when Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked if they should not hear the matter at all, following his non-interference in faith reasoning.

The apex court, however, asked the AIMPLB to state its opinion on the position of e-talaq in Islam, given through Whatsapp messages.

Earlier, The Centre on Monday had informed the Supreme Court that it would bring a law to regulate marriage and divorce among Muslims if the court held triple talaq invalid and unconstitutional.

Attorney General Mukul Rohatgi, India’s top law officer, made this submission after a five-judge constitution bench asked him about the remedies for Muslim men if triple talaq was struck down.

The multi-faith bench comprising Chief Justice of India JS Khehar and Justices Kurian Joseph, Rohinton Nariman, Uday Lalit and Abdul Nazeer is examining the legality of triple talaq after a clutch of petitions for a ban on the practice was filed.

The AG said triple talaq was not fundamental to Muslim personal law, and as the guardian of fundamental rights, the court should protect the rights of half of the Muslim population, which suffers discrimination.

The CJI told the AG, “We (court) are guardians of fundamental rights as well as minority rights. We agree with you that if triple talaq is arbitrary, extra-judicial, it must go. But we are not here to tinker with religion, tenets of religion and religious practices. Tenets of religion can never be tested by courts. What we may ultimately decide will impact a large section of the population.”

The Narendra Modi government at the Centre has been pushing for a ban on the contentious practice on grounds of gender equality and justice. The push also looks to win support from Muslim women and chip away at an important bloc of voters that has viewed Modi with suspicion. The All India Muslim Personal Law Board has promised reforms in personal law but opposed a blanket ban on the practice.

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April 11,2024

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Bengaluru: With six children of Karnataka Ministers in the Lok Sabha poll arena, the campaign scene is getting spiced up in the high-stakes elections for the ruling Congress in the state. Prabha Mallikarjun, wife of Minister S S Mallikarjun, is also in the poll fray.

The grand old party tried its best to make several ministers enter the Lok Sabha election fray but none of them agreed and, instead, they proposed the candidature of their family members.

'Now, deliver' is the stern message of the Congress leadership to the ministers, putting the onus on them to ensure the victory of their kin, according to party sources.

The Congress secured only one seat in Karnataka in the 2019 general elections, and has now set an ambitious target of winning in 15 to 20 constituencies in the coming polls.

Elections in 28 constituencies in the State will be held in two phases on April 26 and May 7.

Sons of Laxmi Hebbalkar, Eshwar Khandre and H C Mahadevappa— Mrinal Ravindra Hebbalkar, Sagar Khandre and Sunil Bose— have been fielded from Belagavi (Belgaum), Bidar and Chamarajanagar, respectively.

Daughters of Satish Jarkiholi, Shivanand Patil and Ramalinga Reddy— Priyanka Jarkiholi, Samyukta Patil and Sowmya Reddy— are in contention in Chikkodi, Bagalkot and Bangalore South respectively.

Prabha Mallikarjun, wife of Minister S S Mallikarjun and daughter-in-law of veteran party leader Shamanur Shivashankarappa, is the party's nominee from Davangere.

"In this 'do or die' situation, the ministers have found the Lok Sabha election a launch pad for their children and relatives. We have to see how these ministers succeed in their mission," a Congress insider said.

Barring Sowmya Reddy, who is a former MLA, none of them have any legislative experience in elections. Stakes are high for some other ministers as well.

The party has fielded Radhakrishna Doddamani, son-in-law of Congress President M Mallikarjun Kharge in the family's home turf of Kalaburagi (Gulbarga), a seat held by the BJP.

Kharge's son and Minister Priyank Kharge has taken charge of spearheading the campaign in this segment, where his father had lost in the 2019 general elections.

"Priyank has taken this election as a prestige issue given the fact that the Congress president hails from here and had represented this constituency in the past in the Lok Sabha," a Congress leader said.

Prime Minister Narendra Modi had last month launched the BJP's formal campaign in Kalaburagi in what was seen as an aggressive message to the Congress.

Karnataka Deputy Chief Minister and State Congress chief D K Shivakumar's brother D K Suresh is seeking reelection in Bangalore Rural, where the BJP and JD(S) have fielded noted cardiologist and son-in-law of former Prime Minister H D Deve Gowda.

The Congress which came to power in the state in May last year is seeking to ride on its five guarantee schemes of the government.

Sowmya Reddy, who is contesting from Bangalore South asked the women voters during a recent roadshow - "Do you travel in the buses? Which places have you visited in the recent past? Do you pay or travel for free?".

She was referring to 'Shakti' guarantee that offers free rides to Karnataka women in non-luxury government buses within the state. Reddy explained to the people about the four other guarantees— 'Gruha Lakshmi', 'Gruha Jyoti', 'Yuva Nidhi' and 'Anna Bhagya'.

"Who brought 'Achchhe Din'? Is it Congress or the BJP? Which 'Achchhe Din' you will vote for?" Reddy asked the women voters.

In Belagavi, Mrinal Ravindra Hebbalkar, is taking on BJP candidate and former Chief Minister Jagadish Shettar.

In campaign meetings, Minister Laxmi Hebbalkar reminded the crowd how Shettar had joined Congress when the BJP denied him a ticket in the 2023 Assembly election, only to return to the saffron party a few months later.

"Shettar is from Hubballi and we are from Belagavi. We know the problems prevailing here better than any 'outsider'. Today, BJP people are saying that they vote for Shettar keeping Prime Minister Narendra Modi in mind, but I want to know why he joined Congress and abused the BJP, Modi and former Chief Minister B S Yediyurappa," the minister asked.

The BJP swept the 2019 general elections in Karnataka winning 25 out of the 28 seats, while an independent backed by the party also won. The Congress and JD(S) which fought the elections together, secured one seat each.

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April 13,2024

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Mangaluru: After as the state health ministry issued guidelines to the public in view of a heatwave, the health department in Dakshina Kannada has advised people to be cautious about the impact of heatstroke, including heat rash, heat edema, heat cramps, heat tetany, heat syncope, and heat exhaustion.

Dakshina Kannada district nodal officer for climate change, Dr Naveenchandra Kulal, said that the impact of heat-related illness can also be found in the district, when there is a variation of about 4.5⁰C from the normal temperature.

Dr Kulal told media persons here on Friday, that the impact of heat-related illness is not confined to Raichur, Kalaburagi, and other North Karnataka districts.

“Those who reside inside tin sheet houses and closed environments are likely to suffer from heatstroke. People should hydrate themselves by drinking more water and avoid working under the direct Sun. Heat exhaust fans can be used. Though no heatstroke cases have been reported in the district, any negligence may cause heatstroke,” he said. 

DHO Dr Thimmaiah HR said that hotels and restaurants should supply boiled water, and they should clean the overhead tanks once every three months. The filter of drinking water units should be cleaned frequently, he said.

He also directed paying guest accommodations to supply fresh food to inmates.

“We have received complaints of many paying guest accommodations serving sambar cooked the previous day to inmates. Stale food should be avoided, as there are chances of food contamination. Plastics should be avoided while packing food in hotels. As per the Food Safety and Standards Authority of India (FSSAI) guidelines, the use of plastic to pack hot food is restricted,” the DHO said.

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April 9,2024

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Mangaluru/ Bengaluru, Apr 2: Karnataka’s coastal belt some of the neighbouring areas will celebrate Eid-ul-Fitr on April 10, while rest of the state will witness the festival on April 11 due confusion over moon sighting. 

Muslim religious heads in twin coastal districts of Dakshina Kannada and Udupi on the night of April 9 declared the end of Ramadan and beginning of Shawwal following reports of sighting of crescent moon. 

With this Eid will be celebrated on April 10 in the above region. Similarly, Muslims in Bhatkal and neighbouring state of Kerala too will celebrate the festival on April 10. 

However, Muslims in other parts of Karnataka will continue to fast on April 10 and celebrate the Eid on the following day due to non-sighting of moon in their region. 

The Karnataka Moon Sighting Committee chairman Moulana Maqsood Imran formally announced that the Eid-ul-Fitr in Bengaluru and areas of Karnataka will be celebrated on Thursday April 11. 

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