SC terms triple talaq unconstitutional

The five-judge Constitution bench of the Supreme Court has passed a landmark verdict holding the practice of Triple Talaq as unconstitutional.

After reading separate judgments, the five-judge bench ruled in 3:2 majority triple talaq is void and illegal.

A bench headed by Chief Justice J S Khehar gave its verdict, after a six-day marathon hearing during the summer vacation.  "Triple talaq will not be in operation for six months. If law doesn't come into force in six months, then SC's injunction on triple talaq will continue," said the top court.

The top court also expressed hope the Centre's legislation will take into account concerns of Muslim bodies and Sharia law. The Supreme Court also asked political parties to keep their differences aside and help Centre in bringing out law on triple talaq. The court also referred to the abolition of triple talalq in Islamic countries and asks why can't independent India get rid of it. "Talaq-e-biddat is not in violation of articles 14,15,21 and 25 of the constitution," said CJI J S Khehar.

Besides CJI Khehar, the bench also included Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer. The bench, made up of judges from different religious communities -- Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.

The Muslim women, who had filed the petitions, have challenged the practice of 'triple talaq' in which the husband pronounces 'talaq' thrice in one go, sometimes even by phone or a text message, to get a divorce.

The apex court had on its own taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.

No comments: