Instant 'triple talaq' illegal
In a landmark judgment, India's highest court has ruled that the practice of instant triple talaq in the Muslim community is unconstitutional.
A five-member Supreme Court bench, headed by Chief Justice JS Khehar, yesterday set aside the practice by a three-two majority.
While Justice Khehar and Justice Abdul Nazeer upheld the practice of triple talaq, justices Kurian Joseph, RF Nariman and UU Lalit held that the practice needs to be abolished.
Triple talaq is the practice of instant divorce, whereby a Muslim man can divorce his wife by saying the word “talaq” (divorce) three times.
Justice Khehar said triple talaq enjoys the status of fundamental rights as it is a part of Muslim personal law, but favoured putting the practice aside for six months, allowing parliament to legislate on it.
Justice Khehar and Justice Nazeer, in their minority verdict, asked political parties to set aside their differences and introduce a new law on the practice, taking into account concerns of Muslim bodies and the Sharia law.
However, justices Joseph, Nariman and Lalit said triple talaq must be struck down as it goes against the constitution and is unacceptable.
Justice Kurian ruled that triple talaq violates Sharia law. “It is extremely difficult to agree with the CJI that triple talaq is integral to the practice of Islam,” he said. Justice Nariman and Justice Lalit set it aside, terming it unconstitutional.
In a reaction to the verdict, Shayara Bano, the main petitioner, said “I welcome and support the judgment. It's a historic day for Muslim women. In the Muslim community, the condition of women needs to be understood. This judgment needs to be accepted and the law must be made as soon as possible,” she said.
Former Indian federal minister and senior Congress leader Salman Khurshid, who was allowed by the court to assist it as amicus curiae, said “What we hoped to happen has now happened, it is a good decision.” During the hearing, he had told the SC that instant triple talaq “cannot be justified or given legal validity”.
The SC, which began hearing petitions challenging the practice on May 11, had reserved its verdict on May 18. Six Muslim women petitioners had argued that it was “unlawful and unconstitutional”.
The apex court verdict vindicates the stand of the government which contended that triple talaq violates fundamental rights of women.
Terming the apex court ruling “historic”, Prime Minister Narendra Modi's government said it grants equality to Muslim women and is a powerful measure for women empowerment.
“Judgment of the Hon'ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment,” Modi tweeted yesterday.
The PM had raised the issue in a big way during elections to the state legislative assembly in India's most populous state of Uttar Pradesh earlier this year. His party BJP emerged a runaway winner in the electoral battle.
The BJP has since long pitched for a uniform civil code to be in place.
The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposes any ban on triple talaq and argues this is a religious matter and not for courts.
The five judges of the apex court were drawn from major religions -- Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
India allows religious institutions to govern matters of personal law -- marriage, divorce and property inheritance -- through civil codes. Triple talaq has been considered a legal avenue for the country's nearly 180 million Muslims to end marriages.
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