The Supreme Court, today, declared the practice of Triple Talaq as “unconstitutional” and has ordered a ban on it. It was struck down by a 3:2 majority and was termed as void and illegal.The court further added that it violates the fundamental rights of a Muslim women as it puts an end to the marriage irrevocably and hence there isn’t any chance of reconciliation. Triple talaq is an age old form of divorce practiced by Muslims in India where any Muslim man can divorce his wife by uttering “Talaq” three times. The judges said the law violated Article 14 and 21 of the Constitution of India, which is related to equality, and protection of life and personal liberty.
The apex court has asked the government to bring legislation within 6 months.
The bench, which included Justice Kurian Joseph, Justice R. F.Nariman, Justice U. U.Lalit, Justice J. S. kheharand Justices. Abdul Nazeer, heard several appeals filed by Muslim women who had challenged the practice of instant triple talaq. While Justice Khehar and Justice Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims; Justice Kurian Joseph, JusticeNariman and Justice U. U. Lalit said triple talaq violated fundamental right of Muslim women and since triple talaq was not sanctioned by Quran it should not form part of the fundamental right to religion.
Many politicians and social activists welcomed the verdict given by the court.
“Judgment of the SC on TripleTalaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment”, said PM Modi.
BJP president Amit Shah said, “This verdict is not defeat or victory of anybody, it is a victory of right of equality and fundamental rights of the Muslim women,” terming the judgement as a historic one.
“It would be great had it (decision of SC bench) been on consensus. This is start of justice for women. Soon further action will be taken in this regard. You cannot deprive anyone from justice for long. This is a milestone for women empowerment,” said Uttar Pradesh Chief Minister Yogi Aditynath.
“We welcome this historic judgement because Islam rejects prejudice against and exploitation of Muslim women.” Said Randeep Singh Surjewala, Congress spokesperson.