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SC strikes down triple talaq: Here's a timeline of the historic case

A 5-judge constitutional bench by a 3:2 majority judgement said triple talaq is unconstitutional

BS Web Team  |  New Delhi 

Supreme Court strikes down triple talaq
The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as unconstitutional. File photo

The on Tuesday held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".
A five-judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.

The apex court asked political parties to keep their differences aside and help the Narendra Modi-led Centre in bringing out legislation on triple talaq.

Here is a timeline of the case:

May 18, 2017: The reserves its verdict on a batch of petitions challenging the constitutional validity of the practice of triple talaq among Muslims. 

May 17, 2017: The asks the All India Board (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). 

May 16, 2017: Referring to the practice of triple talaq, the All India Board's (AIMPLB's) counsel, Kapil Sibal, asks the how a 1400-year-old practice can be branded 'unconstitutional'. 

May 15, 2017: The Centre assures the that it will come out with a law to regulate marriage and divorce among Muslims if triple talaq is held as unconstitutional by the court.

May 12, 2017: The says the practice of triple talaq is the "worst" and "not desirable" form of dissolution of marriages among Muslims, even though there are schools of thought which term it as "legal".  

May 11, 2017: A five-judge Constitution bench of the commences hearing on a plea that triple talaq, nikah halala, and violate Muslim women's rights to equality and dignity and are not protected by the right to profess, practice and propagate religion under Constitution's Article 25(1). 

March 30, 2017: The apex court says that the Muslim practices of triple talaq, nikah halala, and are issues that are "very important" and involve "sentiments" and a constitution bench will hear the petitions from May 11.

April 17, 2017: Attorney General Mukul Rohatgi says the practice of triple talaq should not be allowed as women have as much right as men and cannot be treated on a lower pedestal. 

April 16, 2017: The All India Board (AIMPLB) says that community members who give triple talaq without valid reasons will face social boycott

April 11, 2017: The Centre tells the that the practices of 'triple talaq', 'nikah halala', and impact the social status and dignity of Muslim women and deny them fundamental rights guaranteed by the Constitution. 

March 27, 2017: The All India Board (AIMPLB) tells the apex court that pleas challenging such practices among Muslims are not maintainable as the issues fall outside the realm of the judiciary. 

February 16, 2017: The says a five-judge constitution bench will be set up to hear and decide on a batch of petitions relating to the practice of triple talaq, 'nikah halala', and among Muslims. 

December 8, 2016: The Allahabad High Court holds that triple talaq is "cruel" and raises the question that whether the could be amended to alleviate the sufferings of Muslim women. 

October 7, 2016: The Union government tells the that 'triple talaq', 'nikaah halaal', and polygamy, as practised by the Muslims in India, are not "integral to the practices of Islam or essential religious practices".

June 29, 2016: Agreeing to examine the issue, the apex court says that divorce through 'triple talaq' among the Muslim community is a "very important matter affecting a large section of people", which has to be tested on the "touchstone of the constitutional framework"

April 18, 2016: The All India Board (AIMPLB) decides to contest the Shayara Bano case in the  

March 28, 2016: The asks the central government to place before it the report on "Women and Law " by a high-level committee that had undertaken the assessment of family laws.

Asking the government to submit the report, a bench of Chief Justice T S Thakur and Justice Uday Umesh Lalit give it and other parties, including the All India Board, six weeks to respond to the suo motu motion and a plea by Shayara Bano challenging the validity of 'triple talaq' under  

February 29, 2016: The issues notice on Shayara Bano's challenge to the customs of 'triple talaq', polygamy, and 'Nikah Halala' in Muslim marital law.  

February 5, 2016: The permits an intervention application by the Jamaat-e-Ulema-Hind contending that is protected by the right to freedom of religion guaranteed under the Constitution and there is sufficient protection for women's rights under it.

October 16, 2015: The apex court bench of Justice Anil R Dave and Justice Adarsh Kumar Goel issues notice to Attorney General Mukul Rohatgi and the Legal Service Authority and directs the separate listing of a PIL addressing the question of the rights of Muslim women.


First Published: Tue, August 22 2017. 12:33 IST