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Monday, August 21, 2017

Triple Talaq: How the case reached Supreme Court of India(SCI) - Chronology of events


The Supreme Court is likely to pronounce its verdict on the controversial issue of whether the practice of 'triple talaq' among Muslims is fundamental to the religion.

Shayara Bano is the petitioner who moved the Supreme Court on the 'triple talaq' issue.

A five-judge bench headed by Chief Justice JS Khehar on May 11 began its hearing a batch of petitions challenging the constitutional validity of "Triole Talaq" and to know whether it was fundamental to Islam.

The bench comprised of the CJI, Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.

Bano, who approached the apex court this year, has said it is time for the 'patriarchal' Muslim society to accord equal rights to women.

Shayara Bano from Uttarakhand has appealed to the SC to declare the triple talaq as unconstitutional.
The 37-year-old post-graduate in sociology from Kashipur in Udham Singh Nagar has claimed that her husband forced her to undergo six abortions.

Bano knocked at the doors of the SC after her husband in October 2015 sent a letter to her with "talaq, talaq, talaq" written on it.

Timeline of the events

October 16, 2015: SC bench asks CJI to set up an appropriate bench to examine if Muslim women face gender discrimination in cases of divorce while dealing with a case of Hindu succession.
February 5, 2016: SC asks Attorney General Mukul Rohatgi to assist it on the pleas challenging the constitutional validity of Triple Talaq, Nikah Halala amd Polygamy

March 28, 2016: SC asks Centre to file a copy of the report of a high-level panel on 'Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession'. SC also impleads various organisations, including the All India Muslim Personal Law Board (AIMPLB), as parties in the suo motu matter.

June 29, 2016: SC says 'triple talaq' among the Muslims will be tested on "touchstone of constitutional framework".

October 7, 2016: For the first time in India's constitutional history, Centre opposes in SC these practices and favours a relook on grounds like gender equality and secularism.

February 14, 2017: SC allows various interlocutory pleas to be tagged along with the main matter.

February 16, 2017 : SC says a five-judge constitution bench would be set up to hear and decide the challenge on 'triple talaq', 'nikah halala' and polygamy.

March 27, 2017: AIMPLB tells SC that these pleas were not maintainable as the issues fall outside judiciary's realm.

March 30, 2017: SC says these issues are "very important" and involve "sentiments" and says a constitution bench would start hearing from 11 May.

May 11, 2017: The Constitution bench begins day-to-day hearing.

May 18, 2017: After six days of historic hearing on a bunch of petitions challenging the constitutional validity of the triple talaq, the Supreme Court concluded arguments and reserved its verdict in the case

Note

Triple talaq is a practice under which a husband can verbally divorce his wife by uttering the word "talaq" thrice.

Notably, the Modi government has pitched against 'triple talaq' and added fuel to the contentious debate on the Muslim divorce practice.

Making its stand clear on the contentious issue, the Centre had informed the top court that “Triple talaq, 'nikah halala' and polygamy violate Muslim women's right to equality and dignity and are not protected by the right to profess, practise and propagate religion under Article 25(1) of the Constitution.”

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