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Bill outlawing triple talaq tabled in LS: A detailed timeline of the case

PM Narendra Modi has called for a consensus on the passage of the Bill that will make instant triple talaq a punishable offence

Muslim women, burqa
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BS Web Team New Delhi
5 min read Last Updated : Aug 01 2019 | 2:46 PM IST
Instant triple talaq could soon become a punishable offence under the law as the government on Thursday introduced a Bill criminalising the practice in the Lok Sabha amid protests from Opposition parties who objected to its introduction.

Members from the Rashtriya Janata Dal (RJD), All India Majlis-e-Ittehadul Muslimeen (AIMIM), Indian Union Muslim League (IUML), Biju Janata Dal, and some other parties spoke against the introduction of The Muslim Women (Protection of Rights on Marriage) Bill, 2017.

No member from the Congress was, however, allowed to speak, as Speaker Sumitra Mahajan said that they had not given a notice in advance to speak on the issue.

Law Minister Ravi Shankar Prasad called it a historic day and stated that the Bill was meant to ensure gender justice for Muslim women.   

According to agency reports, Parliamentary Affairs Minister Ananth Kumar said that Prime Minister Narendra Modi has called for a consensus on the passage of the Bill on making instant triple talaq a punishable offence.   

Here is a timeline of the case: 
 
August 22, 2017: The Supreme Court held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".

ALSO READ: SC strikes down triple talaq, declares it illegal and unconstitutional

By a 3:2 majority judgement, a five-judge Constitutional Bench 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.

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

May 17, 2017: The Supreme Court asks the All India Muslim Personal Law 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 Muslim Personal Law Board's (AIMPLB's) counsel, Kapil Sibal, asks the Supreme Court how a 1400-year-old practice can be branded 'unconstitutional'. 

May 15, 2017: The Centre assures the Supreme Court 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 Supreme Court 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 Supreme Court commences hearing on a plea that triple talaq, nikah halala, and polygamy 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 polygamy 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 Muslim Personal Law Board (AIMPLB) says that community members who give triple talaq without valid reasons will face social boycott

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

March 27, 2017: The All India Muslim Personal Law 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 Supreme Court 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 polygamy among Muslims. 

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

October 7, 2016: The Union government tells the Supreme Court 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 Muslim Personal Law Board (AIMPLB) decides to contest the Shayara Bano case in the Supreme Court. 

March 28, 2016: The Supreme Court 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 Muslim Personal Law Board, six weeks to respond to the suo motu motion and a plea by Shayara Bano challenging the validity of triple talaq under Muslim personal law. 

February 29, 2016: The Supreme Court 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 Supreme Court permits an intervention application by the Jamaat-e-Ulema-Hind contending that Muslim personal law 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 National Legal Service Authority and directs the separate listing of a PIL addressing the question of the rights of Muslim women.  

Topics :Triple Talaq LawTriple Talaq Bill