The Triple Talaq issue arose out of a suo moto reference of the Supreme Court made in the year 2016. In August 2017, the issue was settled by a five judges’ judgement, declaring that three pronouncements of Talaq in one sitting by a husband is a non-legal action. The government has since then been trying […]
Posts in the Articles Published category:
Eroding Democratic Values – Published in Livelaw
Supreme Court has recently said ‘lynching is an affront to the rule of law and to the exalted values of the Constitution itself’. The Rule of law is one of the basic features of the Constitution of India and the same reflects everywhere in it. Similarly, the Supreme Court has declared ‘Secularism’ as a basic […]
Belittling Damage – Published in The Statesman
The Supreme Court of India has upheld the Gujarat Government’s scheme restricting the compensation for religious places destroyed during the communal riots of 2002 to a maximum of Rs 50,000 with many conditions attached thereto. Before the issue reached the Supreme Court at the instance of the State of Gujarat, in terms of the judgment […]
The Triple Talaq Bill – The Muslim Women (Protection of Rights on Marriage) Bill, 2017
In 1937, in the Act to protect personal laws, it was stated that ‘Muslim Woman Organizations condemned the customary law’ stating that they were ‘disgraceful’ and demanded that the Shariat lawl be made applicable to make their life better by acknowledging the right of Muslim woman to have properties, right to divorce, right to inheritance […]
Will The ‘Triple Talaq Bill’ Really Protect Rights Of Muslim Woman? -Published in LiveLaw
Finally, the Bill relating to Muslim women for protection of their rights on marriage has come into the public domain. Section 3 of the Bill states that “talaq-e-biddat” shall be ‘void’ and ‘illegal’. This is followed by consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddatshall be punished with […]
Triple Talaq Judgment: A Majority Verdict Without The Support Of Reasons Of Majority Judges – Published in LiveLaw
The majority view of the five-judge bench of the Supreme Court is that triple talaq, pronounced in one sitting coming into effect instantaneously, is “set aside”. Out of these three judges, two (Justice Rohinton F. Nariman and Justice Uday U. Lalit) also held that this form of talaq was violative of fundamental right mentioned in Article 14, […]
Triple talaq verdict: Five key questions answered by two lawyers – Published in The Indian Express
The Indian Express spoke to two lawyers, M R Shamshad and Anas Tanwir, on Tuesday’s triple talaq verdict. Shamshad is Advocate-on-Record in the Supreme Court of India. He appeared for the AIMPLB and assisted Kapil Sibal during the hearing of the triple talaq case. Tanwir practises in the Supreme Court of India. He is interested in Muslim […]
Why India’s decision to ban triple talaq can’t be guided by laws in Saudi Arabia and Pakistan – Published in DailyO
A Constitution bench of the Supreme Court concluded its hearing on the issue of whether or not triple talaq in one sitting is valid. This was probably the first time when the Supreme Court took the initiative to examine the issue pertaining to personal laws. The central government and its allies heavily relied upon the […]
A Choice Between Faith and Equality – Published in The Statesman
The Supreme Court’s five judges are to hear and take a view as to whether talaq pronounced three times in one sitting and its coming into effect immediately is valid or not. The main proponent in favour of its validity are followers of the Hanafi School of thought who form a substantive majority of the […]
Where Are We On Basic Education? – Published in Millennium Post
Pathetic state of basic education in public funded schools would create very deep disparities, leading to an irreparable imbalance in future generations. We realised very late (in 2002) that the right to education for all children from age of six to fourteen years will have to be made a Fundamental Right and accordingly, by the […]