A Muslim woman on Monday urged the Supreme Court to declare 'triple talaq' and 'nikah halala' (bar against remarriage with divorced husband, without an intervening marriage with another man) under the Muslim personal laws as illegal, unconstitutional and violative of the fundamental right to equality and liberty under the Constitution.
A bench of Justices Anil R Dave and Adarsh K Goel admitted the petition filed by Shayara Bano for consideration, while seeking response from the Centre by March 28.
Bano, through her counsels, senior advocate Amit Singh Chadha and advocate Balaji Srinivasan, submitted the practices of talaq-e-bidat (instantaneous triple talaq) and polygamy had been restricted by many Islamic countries, including Saudi Arabia, Pakistan and Iraq, while Indian Muslim women continued to suffer.
Claiming these practices had no basis in Islam or Holy Quran, she contended the “oppressive” enactment continued to vex women despite clamour for reforms by several organisations, including the All India Muslim Women Personal Law Board and the Bharatiya Muslim Mahila Andolan.
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