The practise of 'triple talaq' by Muslims, where men have divorced women by uttering "talaq" (divorce) thrice, sometimes over email, WhatsApp and letters, has been termed 'unconstitutional' and set aside by India's Supreme Court, NDTV reports.
Five judges of different faiths, Chief Justice Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer heard the case in May this year.
The verdict was split into 3-2 where three judges on the bench decided against triple talaq while two said the practice of triple talaq should be put on hold for six months and the government should bring a law to regulate the practice.
The majority opinion held that triple talaq "is not integral to religious practice and violates constitutional morality".
The Indian Express reports, Justice Nariman and Justice Lalit set it aside terming it unconstitutional, Justice Joseph set it aside on ground that it is against the teachings of Quran. Chief Justice of India (CJI) JS Khehar and Justice Abdul Nazeer wanted a ban for six months. “Triple talaq was part of Muslim personal law and hence enjoys status of fundamental rights,” said CJI Khehar. CJI wanted Parliament to bring about a law to deal with triple talaq.
The final verdict overrides the minority view.
The verdict vindicates the stand of the Indian government, which had said triple talaq violates fundamental rights of women. During the hearing in the top court, the Indian government had come out against the controversial practice and said it would bring a law to regulate marriage and divorce among Muslims if triple talaq was struck down.
Prime Minister Narendra Modi on several occasions has said he believed triple talaq was destroying women’s lives.
In his Independence Day speech, Prime Minister Narendra Modi had praised the campaign by women against triple talaq, “I would like to honour those sisters who have been forced to lead a very difficult life due to triple talaq. There is no recourse for them, and such victims of triple talaq have launched a massive movement in the country. They shook the conscience of the intellectual class of the country, the media of the country also helped them and a movement against triple talaq was started in the country.”
Government's view on #TripleTalaq as enunciated by PM Modi himself from Red Fort on 15th August. The Supreme Court rules in favour of women. pic.twitter.com/PcV5KRjcoW — Akhilesh Mishra (@amishra77) August 22, 2017
The All India Muslim Personal Law Board, a non-governmental body that lobbies for the application of Muslim personal law, opposed any ban on the practice, arguing that it was a religious matter and not for the courts to decide.
The judgment came two years after a woman from Uttarakhand, Shayara Bano, approached the top court after her husband of 15 years sent her a letter with the word ‘talaq’ written thrice to divorce her.
Other women filed separate petitions in the Supreme Court, pleading for an end to the custom following which the supreme court clubbed all the petitions and conducted the hearing in May this year.
“Triple talaq is against the basic tenets of Islam,” said justice Kurien Joseph, who was part of the majority view.
“Instant triple talaq is arbitrary and violative of Article 14 of the Constitution. It must be struck down,” said justice Rohinton Nariman.
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