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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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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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