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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.

2024 Lok Sabha Elections

PM Modi calls for a strong government, says even enemies think 100 times before doing anything

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble

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PM Modi calls for a strong government, says even enemies think 100 times before doing anything

Prime Minister Narendra Modi addressed an election rally in Haryana’s Ambala on Saturday and said India’s enemies think 100 times before doing anything against the country when there is a strong government at the Centre. Haryana, which has a total of 10 Lok Sabha seats, will vote in the 6th phase on May 25. In 2019 elections BJP claimed victory in all 10 seats.

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble. Addressing the election rally at Ambala the prime minister asked if a weak government could have changed the situation in Jammu & Kashmir? He recalled the times when there was a Congress government and brave mothers of Haryana used to be worried day and night. He said it has been 10 years now and all of that has stopped.

PM Modi recounted BJP government’s achievements and said they had demolished the wall of Article 370 and Kashmir started moving on the path of development. The prime minister said that a total of 17 days remain to go for 4th June.  He further added that until now in 4 phases of elections, Congress and the INDI Alliance, chaaron khaane chitt ho chuke hain. He said whatever tactics the INDI Alliance used for the country have all been beaten by the public itself.

Addressing the election rally PM Modi said Haryana is a state which has patriotism in its veins and knows anti-national forces very well. The prime minister guaranteed to the people that their dreams are his resolution. PM Modi said there are 4 pillars of Viksit Bharat – poor, youth, women and farmers and he wants to strengthen all these pillars in such a way that the nation becomes strong.

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2024 Lok Sabha Elections

Mallikarjun Kharge accuses PM Modi of inciting people and dividing society through his election speeches

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy.

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Congress president Mallikarjun Kharge on Saturday attacked Prime Minister Narendra Modi for inciting people and dividing society through his election speeches. Kharge was addressing a press conference of the INDIA bloc, where Shiv Sena (UBT) president, Uddhav Thackeray NCP (SP) chief Sharad Pawar and other leaders were present.

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy. Responding to PM Modi’s statement that the Congress will bulldoze the Ram mandir in Ayodhya and also restore Article 370 if the INDIA bloc is voted to power Kharge said, they have never used a bulldozer on anyone. The Congress president said PM Modi has the habit of lying and inciting people about things which Congress will never do or the things that are impossible to be implemented.

Kharge further added that he is not answerable to Modi and the Congress will implement what they have promised in their election manifesto. He accused PM Modi of creating divisions wherever he went he tries to create division, speaks of dividing society. Kharge further added that PM Modi had described the Congress manifesto as Muslim League manifesto, but now he is calling it as a Maoist manifesto.

The Congress President assured that reservation has been enshrined in the Constitution which will continue and nobody can touch it. Speaking at the press conference Thackeray said, Achche din are coming from June 4 (when Lok Sabha election results will be declared) when INDIA bloc-led government will come to power at the centre. Thackeray pointed out PM Modi calls Shiv Sena (UBT) as the nakli (fake) Shiv Sena, and there is a possibility that tomorrow he may call RSS as nakli Sangh.  

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Delhi Police arrest Bibhav Kumar for allegedly assaulting AAP MP Swati Maliwal

In her complaint, Swati Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

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The Delhi Police on Saturday arrested Bibhav Kumar, aide and former personal secretary of Delhi CM Arvind Kejriwal in connection with the alleged assault of AAP MP Swati Maliwal. The development comes 2 days after Delhi Police registered a case against Kumar following a complaint by Maliwal. In her complaint, Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

On Saturday, AAP minister Atishi claimed the BJP made Swati Maliwal file the FIR using an old ACB case as leverage. She said Anti Corruption Bureau of the BJP has filed a case against Swati Maliwal regarding the illegal recruitment of contractual employees in Delhi Commission for Women. A chargesheet has been filed and the time of conviction is coming and the AAP party said that it believes that Swati Maliwal is being included in the conspiracy by using this case. Atishi said how the entire machinery of BJP, from Delhi Police to the MHA is working, was seen yesterday in Tis Hazari Court.

On Friday, the Delhi Police took Swati Maliwal to the Delhi chief minister’s residence to recreate the crime scene. Her statement was recorded before a magistrate at the Tis Hazari court. A counter-complaint has been filed by Bibhav Kumar with the Civil Lines police station in which he alleged that Maliwal had forcefully and unauthorised entered the Delhi CM’s residence.

 He also claimed that the former Delhi Commission for Women chairperson tried to create a ruckus and assault him. Kejriwal’s aide also claimed that the Rajya Sabha MP intended to harm the AAP chief and he strongly objected. Bibhav Kumar said a copy of the FIR has been sent to all the media houses by the BJP but BJP’s police are saying that they cannot give it to the accused.

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