From suo motu to judgment: The arguments for and against triple talaq

Judges choose work over vacation

Break with tradition: The Supreme Court is taking a historic step away from its colonial tradition of a long summer vacation.  

For the first time in recent legal history, the Supreme Court, led by Chief Justice of India J.S. Khehar, will have three Constitution Benches functioning simultaneously, along with the usual vacation Bench, in a historic step away from its colonial tradition of a prolonged summer vacation spanning almost two months from May to July.

This year, more than half the number of the 28 Supreme Court judges will continue to work after the court closes for summer holidays on May 10.

The three Constitution Benches will have five judges each. The Vacation Bench comprising two judges will separately hear urgent cases.

Triple talaq case

The three cases which will come up for hearing before the Constitution Benches are the Muslim women’s plea for a judicial declaration that triple talaq practised in the Islamic law is a violation of their human rights and dignity; whether WhatsApp’s 2016 policy to share user information with Facebook is a violation of citizen privacy; and thirdly, whether the children of illegal Bangladeshi migrants born in India can avail themselves of the benefit of citizenship of this country.

This is not the first time Chief Justice Khehar has worked during the summer vacation. In 2015, a Constitution Bench led by Justice Khehar — he was not CJI then — heard the National Judicial Appointments Commission case throughout the summer vacation. The reason given then was the pile-up in the number of vacancies in the High Courts.

However, this time, the importance of the three issues — triple talaq, privacy of millions of users on WhatsApp and the plight of migrants’ children — have pulled the judges back from enjoying their holidays.

“If we do not hear these matters now, the hearings will never happen,” Chief Justice Khehar told the lawyers assembled in the courtroom.

Another record

If Chief Justice Khehar heads one of the Constitution Bench, he will set another record for posterity for being one of the first Chief Justices of India to work during his summer holidays.

The court had assembled to fix the date for the Constitution Bench hearings on May 11. Some of the senior lawyers, like Kapil Sibal, expressed difficulties in appearing for both triple talaq and WhatsApp cases at the same time. He sought the court to hear the cases one after the other rather than simultaneously.

“This is how we will do it. If you do not want these hearings to happen, do not blame us later. It all depends on you [lawyers], we are ready. If you are not ready, I am very happy to go away and enjoy my vacation,” Chief Justice Khehar put his foot down.

When a matter is referred to a Constitution Bench, it takes a long time for the court to set up one because of the workload and availability of judges like in the case of demonetisation.

Our code of editorial values

This article is closed for comments.
Please Email the Editor

Printable version | Jan 17, 2022 1:21:02 AM |

In This Package
To clear the path ahead
Supreme Court sets aside instant 'talaq’
United against triple talaq, divided on legal points
Historic day for Muslim women: Shayara Bano on triple talaq verdict
Triple talaq lost staunchest support
Triple talaq: Will SC verdict end personal laws’ immunity?
The twists and turns taken during the marathon hearing on triple talaq in SC
Those who resort to instant triple talaq will be ostracised: AIMPLB
AIMPLB against triple talaq, says counsel
Triple talaq is Muslim woman vs man issue, not that of majority vs minority: Centre
Can women be given option of saying ‘no’ to triple talaq at the time of ‘nikahnama’, SC asks AIMPLB
Triple talaq a matter of faith for last 1,400 years, AIMPLB tells SC
Islamic law anglicised: Centre
Will enact divorce law for Muslims: Centre
Triple talaq hearing: ‘If God finds something sinful, can laws validate it’
Polygamy is not a religious practice, government tells Supreme Court
Ban on triple talaq will cause a vacuum: Supreme Court
You are reading
Judges choose work over vacation
Constitution Bench to decide petitions on triple talaq: SC
Bench would hear debates on the ‘legal’ aspects of triple talaq.
SC is looking at triple talaq, not Uniform Civil Code: CJI
SC to examine if triple talaq is fundamental to religion
Peculiarities of personal laws should be protected: Jamiat
SC intervention in triple talaq amounts to judicial legislation: AIMPLB
Centre’s stand on triple talaq based on gender justice: Ravi Shankar Prasad
Cast asunder by triple talaq, Muslim women see hope in Supreme Court
Triple talaq is sin but Shariat permits it, says AIMPLB
Practices in each religion are unique, according to the All India Muslim
Personal Law Board.
SC can’t decide on triple talaq, says AIMPLB
Supreme Court admits Muslim woman's plea to declare triple talaq illegal
A file photo of senior advocate Salman Khurshid.
SC seeks Khurshid’s assistance in talaq case
Next Story