Supreme Court Strikes Down Triple Talaq by 3:2 Majority, Calls it Unconstitutional

Asia

In a landmark judgement, the Supreme Court on Tuesday struck down triple talaq by a 3:2 majority and called it unconstitutional. While Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice Uday Umesh Lalit struck down the practice; Chief Justice JS Khehar and Justice Abdul Nazeer asked Parliament to make a law in this regard.

The five-judge Bench was giving its verdict on the constitutional validity of Islamic practice of triple talaq, a practice which has been described by All India Muslim Personal Law Board (AIMPLB) as “horrendous”, “sinful” and “undesirable”.

Chief Justice of India JS Khehar said that Talaq-e-biddat is not in violation of Articles 14, 15, 21 and 25 of the Constitution. He said Talaq-e-biddat is an integral part of Sunni community practiced since 1,000 years.

The judges had earlier observed that the practice of ‘triple talaq’ was the “worst” and “not a desirable” form of dissolution of marriage in the Muslim community. The debate took a form of a movement when one petitioner Shayara Bano challenged the Muslim Personal Law over the practice of triple talaq (talaq-e-bidat), polygamy and nikah halala. Bano’s husband of 15 years gave her divorce through speed post while she was with her parents at their home in Kashipur, Uttarakhand.

The hearing, spread over five days from May 12 to May 18, was rooted in the apex court’s October 16, 2015, order directing the separate listing of a PIL addressing the question of the rights of Muslim women. The apex court framed three questions that were to be addressed by all the parties involved in the fight. The questions were whether triple talaq was fundamental to Islam, whether it was sacrosanct to Islam and whether the practice was an enforceable fundamental right.

The triple talaq issue had also found a mention in the Independence Day speech by Prime Minister Narendra Modi. Reiterating his government’s support, Modi said that the country supports the struggle of Muslim women. “I believe India will fully support the women in their struggle. The women of this country created a revolution against Triple Talaq. There was an atmosphere against Triple Talaq in the country with even the media supporting the women,” he said.

Source: india