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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News Network
April 27,2024

Mangaluru International Airport (MIA) has taken a step towards enhancing aircraft safety and has planned to install a Precision Approach Lighting (PAL) category 1 system near Sri Kordabbu Daivasthana, Unile.

The groundbreaking ceremony was held on Friday. The project involves various works related to the PAL system and aims to be completed in 20 months.

The airport has undertaken this project in accordance with safety recommendations from the ministry of civil aviation and the civil aviation safety and security regulator. The PAL CAT 1 system will provide pilots with improved visibility of runway 24 and guidance during their final landing approach. The system will be installed 900m from the threshold of runway 24, as this end of the runway accounts for 90% of aircraft landings at the airport.

The PAL will be mounted on approximately 18 lattice structures, which is a unique feature of the project. The lights will be fixed to frangible T-shaped structures. The project will complement the installation of runway centerline lights, which has already been completed and is awaiting approval from the Directorate General of Civil Aviation for commissioning.

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April 23,2024

nehalove.jpg

Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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May 3,2024

Bengaluru: In a shocking revelation, a former member of Hassan Zilla Panchayat (ZP) has accused incumbent JD(S) MP Prajwal Revanna of raping her multiple times over three years and videographing the alleged crime.

A case was registered by the Criminal Investigation Department (CID) based on the statement by the 44-year-old survivor on Wednesday, May 1.

According to the First Information Report (FIR), the woman claimed that when she was a ZP member she used to visit the MLAs and MPs for various development works.

In one such instance in 2021, she met Prajwal seeking his help to get hostel seats for some female students at a local college. The woman, in her statement, said that since the MP was busy, she was asked to meet him the next day.

“The following day I visited the MP at his office and the MP's quarters in Hassan. The staff present there told me to wait on the first floor as there were many others in the hall. Prajwal spoke to some of the women waiting there, spoke with them and sent them off until I was the only one left,” the woman alleged.

As per the survivor, the MP then called her inside a room and she obliged.

“He held my hand, pulled me inside and locked the door. When I asked him why was he closing the door, he told me nothing would happen and made me sit on the bed. He said my husband should talk less and warned me of the consequences. He also said that because of my husband, his mother, Bhavani Revanna, missed the MLA ticket. He told me that if my husband wants to grow politically, I should listen to him [Prajwal],” the woman alleged.

Next, Prajwal allegedly told the woman to lie down on the bed and undress. When the woman refused and said that she would shout, Prajwal allegedly threatened her that he had a gun and warned of dire consequences for her and her husband.

The woman alleged that Prajwal took out his mobile phone and then raped her.

“He raped me and sexually assaulted me and recorded the act on his mobile phone,” the woman alleged. “He threatened to leak the video if I ever spoke about it and told me to be there whenever he wanted. After that, he used to video call me frequently, ask me to be naked during the call and raped me in multiple instances.”

The woman claimed that she was scared and did not make the incident public and chose to come forward after she learnt of the Special Investigation Team (SIT) set up by the Karnataka government to probe the alleged Hassan sex scandal.

A case was registered under Sections 376(2)(n) (commits rape repeatedly on the same woman), 506 (criminal intimidation), 354A(1)(physical contact and advances involving unwelcome and explicit sexual overtures), 354B (assault or use of criminal force to woman with intent to disrobe) and 354C (voyeurism) of the Indian Penal Code (IPC) and 66E (violation of privacy) of the Information Technology (IT) Act.

Prajwal is also accused in a sexual harassment case along with his father, Holenarasipur MLA HD Revanna, registered at the Holenarasipur police station in Hassan on April 28. 

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