New Delhi: In what is seen as a landmark victory for the Muslim women fighting to scrap the practice of triple talaq, the Supreme Court on Tuesday said the practice is unconstitutional and asked the government to legislate a law in Parliament.
In a 3:2 verdict of the five bench judges’ panel, the apex court said Triple Talaq is “unconstitutional and illegal” which means it has been struck down.
The Supreme Court also put the ball in the court of the government to frame a law to ban it.
The Chief Justice of India JS Khehar gave his judgement while other judges pronounced their verdicts too. While triple talaq is thus effectively banned, the operative part of the judgement means it is an injunction for six months till a law is made.
Majority of the judges said the practice was violative of Indian constitution and retrograde.
Triple talaq, widely practised in India, is a form of unilateral oral divorce to Muslim women by their husbands by uttering the word “talaq” thrice.
The five member bench led by Chief Justice of India, Justice JS Khehar heard the case. The panel of five judges have representation from different faiths – Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
The five-judge bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.
The top court had reserved its decision since the hearing concluded in May.
While the petitioner in the case from which the landmark verdict is awaited is 36-year-old Shayara Bano, spearheading the campaign to end triple talaq or polygamy in the Muslim society is Zakia Soman, the 50 plus co-founder of Bhartiya Muslim Mahila Andolan (BMMA, the other founder of which is Noorjehan Safia Niaz).
Prime Minister Narendra Modi earlier said he would try to give justice to the Muslim women even though some Muslim bodies like the Muslim Law Board has opposed it.
–India Blooms News Service