Sunday, April 17, 2016

Triple talaq: AIMPLB to contest Shayara Bano case in SC

With the All India Muslim Personal Law Board deciding to oppose any move to scrap triple talaq and contest the Shayara Bano case that has called it unconstitutional in the Supreme Court, the stage is set for another Shah Bano-like confrontation that had turned into a hot-button issue in the 1980s. 
In 1985, Shah Bano, a 62-year-old Muslim mother of five from Indore, who was divorced by her husband, had won the right to alimony in the SC. But the then Congress government of Rajiv Gandhi, under pressure of Islamic orthodoxy, passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the SC judgement, and denied even destitute Muslim divorcees the right to alimony.

The AIMPLB on Saturday also decided to thwart any attempt at intervention by the Centre, or "any authority", in the Muslim personal law.
Last month, the SC had admitted the petition of Shayara Bano from Uttarakhand seeking triple talaq to be declared unconstitutional. The apex court had also initiated suo motu proceedings to examine the need for protecting the rights of all Muslim women. AIMPLB is all set to become a party to the case.

"The SC has accepted the board as a party in the case. Now, the board will seek a similar intervention in the Shayara Bano case," said lawyer Zafaryab Jilani. Hyderabad MP Asaduddin Owaisi, who was also present, said AIMPLB must hire best lawyers to put up a strong case before the Supreme Court.

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