Untangling the Debate on Triple Talaq

June 21, 2017
Research
Constitution & Governance

In an article published in The Wire titled, ‘Untangling the Debate on Triple Talaq, Mathew Idiculla and Satya Prasoon analyse the arguments and proceedings in Shayara Bano vs Union of India.

In this case, the petitioner Shayara Bano, a divorced Muslim woman, challenged the constitutionality of the practice of triple talaq or talaq-e-bidat (a practise which gives a man the right to divorce to his wife by uttering ‘talaq’ three times in one sitting without his wife’s consent). The Supreme Court clarified that it will only examine the legality of the practice.

The article summarises and analyses the positions taken by the various parties in this case. It analyses the main constitutional questions and looks at the various options available to the Court, if it chooses to invalidate the practice of triple talaq.

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