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Utkal Reporter Bureau|22 Augaust 2017
The Supreme Court of India on Tuesday struck down the triple- talaq practice among a section of Muslim community in India as unconstitutional and banned the practice till legislation in this regard come up in six months.
A five member bench of the Supreme Court by 3:2 majority ruled that the triple- Talaq or instant divorce practice was “un-Islamic, arbitrary and unconstitutional”
Of the five members in the panel Chief justice JS Kheher and Justice S Abdul Nazir did not hold the practice of triple talaq as unconstitutional; they maintained the practice falls under the fundamental right to religion. The practice in vogue for 1400 years might be bad in theology but was considered as good in law.
Justice Kheher also held that a personal law could not be touched by the court of law. It needs the legislative intervention to bring about reforms in the socially unacceptable practices in religions.
The majority of the panel – Justice Joseph Kurien, Justice RF Nariman, UU Lalit, which pervailed the verdict held that triple Talaq was not an essential part of the quran so that could not enjoy protection under the fundamental right to religion.
Quran does not sanction Triple- Talaq so shariat can’t sanction it. What is bad in theology that is bad in law as well, held the majority bench.
It also said that the triple-talaq practice violates the fundamental right of Muslim women as they become subject to an arbittrary and irrevocable divorce through this practice.
A Muslim man under the provisions of Talaq- e – Beddat enjoys the right to unilaterally declare his marriage end by uttering the word Talaq. The talaq or divorce becomes irrevocable after three pronouncement of the word Talaq by the man. There are reports from through out the country where Muslim men arbitrarily and whimisically have pronounced the word talaq thrice in a single sitting to get rid of their wives leading them to suffer financially, mentally and socially. Reports of such divorce notices through speed post, email, phone and other such means have also come to light.
Five Muslim women victims under this practice had approached the Supreme Court of India last year for justice. They had moved to the Court separately but the court took up case for hearing in combinition.
A five member bench heard the views of all concerned parties during May 11 and 18 and pronounced the judgement on Augaust 22 that is being widely hailed as historic.
PM Narendra Modi through Twitter stated,”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.”