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Triple Talaq verdict: How the dice rolled in the courts

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Triple Talaq

In a historic judgment, the Supreme Court, on Tuesday, in a 3:2 majority verdict termed Talaq-ul-Biddat or instant triple talaq as “manifestly arbitrary and unconstitutional”; setting the practice aside. We bring to you a timeline of how the verdict, which comes as a relief to lakhs of Muslim women across India, came to pass

■ 16 October, 2015: While dealing with a case filed by a Hindu woman regarding her rights of succession and inheritance, a Supreme Court bench asks Chief Justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in cases of divorce

■ 5 February, 2016: SC asks Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of ‘triple talaq, nikah halala and polygamy

■ 28 March, 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 case

■ 29 June, 2016: SC says triple talaq among Muslims will be tested on “the touchstone of constitutional framework”

■ 7 October, 2016: For the first time in India’s constitutional history, law officers of the Union government oppose the practice of triple talaq in the Supreme Court and move for a review on grounds like gender equality and secularism

■ 9 December, 2016: The Allahabad High Court, in a verdict, stopped short of calling the practice of triple talaq under Muslim law as “unconstitutional” but observed that personal laws could not override constitutionally guaranteed rights of individuals

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

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

■ 30 March, 2017: SC says these issues are “very important” and involve “sentiments”, says a Constitution bench would start hearing the matter from 11 May

■ 3 May: SC asks senior advocate and Congress leader Salman Khurshid to act as amicus curiae in the case

■ 11 May, 2017: SC says it would determine if the practice of triple talaq is in line with the Constitution and fundamental to Islam. “We will only look at triple talaq and whether it is constitutional and not go into issues such as polygamy,” a five-judge Constitution bench said.

■ 12 May: SC says the practice of triple talaq was the “worst” form of dissolution of marriages among Muslims and was “not desirable” even though there were schools of thought which termed it as “legal”

■ 15 May: Attorney General Mukul Rohatgi told the Supreme Court that the Centre will bring in a new law to regulate marriage and divorce among Muslims if the practice of triple talaq is declared unconstitutional. He also asked the court to examine other aspects of Muslim personal law including nikah halala and polygamy

■ 16 May, 2017: AIMPLB says triple talaq is a 1,400-year-old practice, constitutional morality and equity cannot arise when a matter of faith is concerned

■ 17 May, 2017: SC asks the AIMPLB whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of nikahnama (Islamic marriage contract). The five-judge Constitution bench headed by Chief Justice JS Khehar also wondered if all Qazis can be asked to include this condition at the time of marriage

■ 18 May, 2017: SC reserves verdict on batch of petitions challenging the constitutional validity of triple talaq

■ August 22, 2017: Judgement Day – Chief Justice of India begins reading out opinion given by different judges on the Bench. For a moment, it appears that since the verdict isn’t unanimous, the apex court wants to push the matter into the government’s lap as the Chief Justice and Justice S Abdul Nazeer favour that an injunction be imposed on triple talaq for 6 months during which the government can frame a law on the validity of triple talaq and have it passed by the Parliament.

However, it soon appears that Chief Justice Khehar and Justice Nazeer were both in a minority and the majority – Justices Kurian Joseph, Rohinton Nariman and UU Lalit – all ruled that Talaq-ul-Biddat is “manifestly unconstitutional, arbitrary” and also against the tenets of Islam and the Sharia laws. With the verdict split 3:2 and a majority calling the practice unconstitutional, triple talaq is set aside by the Bench.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Centre assures action on LPG supply disruption, court closes distributors’ plea

The Bombay High Court closed a plea by LPG distributors after the Centre assured diplomatic efforts to stabilise supply amid global disruptions.

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LPG cylinder

The Union government on Tuesday informed the Bombay High Court that it is taking diplomatic steps to address disruptions in Liquefied Petroleum Gas (LPG) supply linked to the ongoing Iran-Israel conflict, following which the court disposed of a petition filed by LPG distributors.

Appearing before the Nagpur bench, Solicitor General Tushar Mehta said the Centre was actively engaged in international-level negotiations to stabilise LPG supply. However, he noted that specific measures could not be disclosed due to their sensitive nature.

The matter was heard by a division bench comprising Justices Anil S Kilor and Raj D Wakode. The bench accepted the government’s assurances and closed the plea.

Distributors flagged supply disruption in Vidarbha

The petition was filed by six LPG distributors, including Omkar Sales, who raised concerns over disruptions in supply chains across Maharashtra’s Vidarbha region. They claimed the situation had led to a significant shortage of LPG for domestic consumers.

The distributors, dependent on Confidence Petroleum India Ltd (CPIL), alleged that despite directives prioritising domestic consumption, LPG was being diverted for export to capitalise on high international prices.

Government cites policy compliance, CPIL denies diversion

The petitioners referred to recent orders issued under the Essential Commodities Act and the Natural Gas (Supply Regulation) Order, 2026, which mandate prioritising household LPG supply during crises.

However, CPIL rejected the allegations, stating it was fulfilling pre-existing export commitments and had not violated any policy norms.

Court had earlier termed issue ‘serious’

During earlier hearings, the court had described the matter as “serious” and of “grave importance”, issuing notices to the Centre and the Ministry of Petroleum and Natural Gas.

On Tuesday, the Centre reiterated that macro-level supply challenges arising from global geopolitical tensions were being handled through diplomatic channels. It also said that any localised supply issues could be resolved by state authorities.

Taking note of these submissions, the bench disposed of the petition.

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Om Birla likely to move motion to revoke suspension of 8 opposition MPs today

The Lok Sabha is likely to revoke the suspension of eight opposition MPs today, with a motion expected to be moved by the government following consensus on maintaining discipline.

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Om Birla

The suspension of eight opposition Members of Parliament in the Lok Sabha is expected to be revoked on Tuesday, with Speaker Om Birla likely to initiate the process, according to sources.

The MPs, including seven from the Congress and one from the CPI(M), were suspended on February 3 for unruly conduct during the first phase of the Budget session after a resolution was adopted by the House.

Motion to be moved in Lok Sabha

Congress leader K Suresh said that Parliamentary Affairs Minister Kiren Rijiju is expected to move a motion around noon seeking revocation of the suspensions.

Although the suspension was initially imposed for the entire session, scheduled to conclude on April 2, opposition parties have consistently demanded reconsideration since the second phase of the session began on March 9.

Agreement on maintaining decorum

At a recent meeting convened by the Speaker, both ruling and opposition sides reportedly agreed on maintaining discipline in the House.

Key understandings include:

  • No member will enter the well of the House to protest
  • Papers will not be torn or thrown toward the Chair
  • MPs will not climb onto officials’ tables

The Lok Sabha Secretariat has also reminded members to keep areas within the Parliament premises obstruction-free to ensure smooth movement.

Speaker raises concern over conduct

Earlier, Om Birla had expressed concern over the use of banners, placards, and inappropriate language by some MPs. In a letter to party leaders, he stressed the need to uphold the dignity and traditions of parliamentary democracy.

He had also indicated that actions like suspension are taken in cases of serious misconduct, such as climbing onto tables during proceedings.

Suspended MPs

The suspended MPs include Gurjeet Singh Aujla, Hibi Eden, C Kiran Kumar Reddy, Amarinder Singh Raja Warring, Manickam Tagore, Prashant Padole, Dean Kuriakose (Congress), and S Venkatesan (CPI-M).

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