Triple talaq invalid: Who are the petitioners, what are their arguments?

The Supreme Court on Tuesday struck down the constitutional validity of triple talaq, a method of instant divorce practiced by Muslim. The bench, which read out separate verdicts, ruled 3:2 against the controversial practice.

By: Express Web Desk | New Delhi | Updated: August 22, 2017 5:19 pm
Triple Talaq, Triple talaq verdict, Supreme Court triple talaq, Triple talaq petitioners Triple talaq verdict: At her parents’ home in Kashipur, Shayara Bano hasn’t met her two children since she left Allahabad last April. (Express Photo/Ravi Kanojia/File)

In a much awaited verdict, the Supreme Court on Monday invalidated  the practice of instant triple talaq or divorce in Muslims. A five-judge bench began hearing a batch of petitions by women back in May, who argued that the practice was “unlawful and unconstitutional”. The bench, headed by Chief Justice J S Khehar, includes Justices Kurian Joseph, R F Natiman, U U Lalit and S Abdul Nazeer. Each of them are from different religious communities — Sikh Christian, Parsi, Hindu and Muslim.

Who are the petitioners?

Shayara Bano

There are six petitioners in the case. The main plea in the case was filed by Shayara Bano, a 36-year-old whose husband of 15 years divorced her by pronouncing triple talaq. Bano, who is battling multiple ailments following several abortions, received a talaqnama (divorce) by post while she was staying with her parents in Kashipur, Uttarakhand.

In her petition, Bano argued that “the Muslim husband’s right to ask for divorce by uttering talaq three times in a row is completely unilateral, unguided, absolute and has no rationale. It cannot be identified with Muslim culture and is not part of Muslim law. So it is not part of religion and hence not part of the right to practice or propagate religion and deserves no protection.” Read: Shayara Banu’s fight against triple talaq

Ishrat Jahan

Thirty-year-old Ishrat Jahan’s husband uttered talaq three times over the phone and allegedly took away her four children. She was left at the mercy of her extended family in Howrah.

Jahan’s lawyer V K Biju said ahead of the court verdict: “I did ask her to come, I do not know if she will be able to. She has been unreachable for some time. She lost her four children and her husband divorced her over phone. She fought back to prevent his second marriage. She was attacked and landed in the Calcutta Medical College.”

BMMA

A third petition, titled ‘Muslim Women’s Quest for Equality’, was filed by the Bharatiya Muslim Mahila Andolan (BMMA). In court, BMMA argued that Allah says men and women are equal. “We have reproduced verses from the Quran about talaq, negotiations and how it should happen over a minimum period of 90 days. The second argument is about gender justice. There is no ambiguity in the Constitution of India about all citizens having equal rights.”

LIVE updates from the triple talaq verdict here

Gulshan Parween, Aafreen Rehman, and Atiya Sabri

Gulshan Parween and Aafreen Rehman are two other petitioners in the case. Ahead of the verdict, their lawyers said they were unable to contact the women but insisted that they would be present in court on the “big day”. Parween is from Rampur while Rehman is from Jaipur. Atiya Sabri, a resident of Saharanpur, is the last petitioner in the case.

Meanwhile, senior counsel Kapil Sibal, who appeared for the All India Muslim Personal Law Board argued that court should not interfere in the practice of triple talaq as it’s a matter of faith. He had equated the issue to the belief that Lord Rama was born in Ayodhya to point out that matters of faith cannot be tested for constitutional morality. He had also said that as Muslims had been practicing triple talaq for at least 1,400 years, it cannot be termed un-Islamic.

Former Union minister Salman Khurshid, who was allowed by the court to assist it as amicus curiae, also contended that instant triple talaq “cannot be justified or given legal validity”. He argued that the practice “was sinful but legal”.

For all the latest India News, download Indian Express App

  1. D
    d
    Aug 22, 2017 at 8:06 pm
    Saaale katwey poore Hindu stan ko barbaad karney mein lagey hai. These katwaas bhawdaas does not respect anyone other than Allah. One day these katwaas again demand seperate land. See Kashmir for example.
    (0)(0)
    Reply
    1. A
      Anuradha Kalhan
      Aug 22, 2017 at 3:15 pm
      This should have happened 70 years ago! One common civil code , along with public education and public health to make modern progressive citizens of a modern nation. Instead we played the diversity angle up even in basic rights and services! But Why is BJP taking the credit for a battle fought and won by Muslim women? Is it like the ISRO launches?
      (0)(0)
      Reply
      1. N
        Noushad
        Aug 22, 2017 at 4:44 pm
        This is really a historic judgement. Whether it is advocated by Quron or Mohammed it does not matter It is just unjust, barbaric, inhuman, male chavinism, worst treatment of women and uncons utional. Liberal and progressive thinking muslims should unite at least now and throw out all these fundamentallistic and fanatic mullas and imams out. They can only be just guides on religious matters but can not be dictators or dececiders. They are just employed in Mosques to conduct prayers and paid by fellow muslims for conducting religious rituals. They should not be allowed to dictate terms in individuals religious matters. All mosques should be managed by liberal and progressive muslims for the betterment of muslims.
        (1)(0)
        Reply
      2. A
        Asish
        Aug 22, 2017 at 3:09 pm
        Mr Paracha an estemeed Supreme Court Lawyer who took logic as an argument to question what woman. Well they get 90 days to take a decision in their lives. They get the honest and correct practice of Islam which was being corrupted by the Mullahas. 90 days of stay gives them both the time, the stay and the ability to pursue what other methods they can do. The Woman cannot be kicked out immediately from the house, it allows them to take opinion, to take support and to discuss the matter with the larger relatives in the house. It allows them to shame the man before he tries to completely close the lid on the relationship. It is a huge victory for the dignity of Muslim Women
        (1)(0)
        Reply
        1. A
          Asish
          Aug 22, 2017 at 3:22 pm
          90 days is good enough time to call her brothers get the husband thrashed, break his bones so that he cannot come back from the hospital to say it again. 90 days is good enough to find another man for herself to get married to. It gives her enough time to find another relationship. This is probably why they had given it to give due respect to the Woman in Koran. However these mullahas and Paracha thought they are above everything. There is also another worry that they have, so much oppression of female which they had justified under the garb of false morality, that garb is torn, and seeing the light and the energy they get it allows the woman to ask for greater equality.
          (0)(0)
          Reply
          1. M
            M. AHMAD
            Aug 22, 2017 at 4:05 pm
            TUM CHOOTIYE HO.
            (0)(0)
        2. A
          Asish
          Aug 22, 2017 at 2:53 pm
          Government of India should modify the Talaq laws where the amount of Meher to be decided by the Court while 90 days are allowed because it is right for the Woman to now get divorce as it could lead to domestic violence and harm to the Woman. However she should be provided an initial amount of Rs 10Lakh and maintenance as per the Court. Also while declaring the Talaq it should be officiated by a registered Qazi under the GOvernment of India and any illegal process that happens in the process, Qazi will be criminally charged and put behind bars. Ofcourse one can have their own Qazi, and Muslims can appoint them but they have to be registered with the Government of India and their stamp and signature is required for the acceptance of the Talaq. This has to be submitted to the Court of Divorce where it will be legally accepted as Talaq. If any of this Qazi crosses the line he goes to prison or the organization which has endorsed and proposed his name during the registration.
          (1)(0)
          Reply
          1. A
            Asish
            Aug 22, 2017 at 2:58 pm
            This allows woman to question if the Divorce is given by an unregistered Qazi. She can always approach the court. From the perspective of the State it cannot accept a Divorce done by three people, the husband, the wife and the Qazi unless the Qazi has official recognition. When Qazi endorses it, he can be taken to the Court of Law by the Woman if the acceptance is not there. It protects the tenets of the religion while it also protects the rights of the woman as guaranteed by the Cons ution. Court of Divorce can be a place where woman can approach against the Qazi and he can go behind bars. So the Onus is completely on the Qazi and only on the Qazi. Minimum punishment should be 5 years and if husband refuses to adhere Qazi will pay for it. When submitting athe Court of Divorce Qazi should be personally present and photographed along with the man and woman as a record.
            (0)(0)
            Reply
            1. A
              Asish
              Aug 22, 2017 at 3:02 pm
              Government of India should put the whole onus on the payments to the Woman, that is the central part of the whole debate. It is not necessary or required to live with that man, it is more important that she gets money for herself and her children. In the end it is protection of the Woman and her Children. Qazi is also the key to the divorce, no divorce or marriage should be accepted unless the Qazi is a registered and has a photograph with the Government of India. Government should encourage nikahnamas and work towards awareness.
              (0)(0)
          2. T
            Tarsem Singh
            Aug 22, 2017 at 2:27 pm
            Now Muslim women will feel equal human beings. The SC verdict is for the good of the humanity and is not against any community.
            (0)(0)
            Reply
            1. D
              d
              Aug 22, 2017 at 2:39 pm
              India is busy in giving equal rights to katwaas. Look at Pakstn and Bangladesh, there Hindu girls are kidnapped and forced to marry. One day theses katwaas bhawdaas will do same thing in India.
              (0)(0)
              Reply
              1. M
                M. AHMAD
                Aug 22, 2017 at 4:08 pm
                ABE I KI AULAD APNI AUKAT BHOOL RAHA HAI.
                (0)(0)
            2. Load More Comments