Triple talaq verdict: The three judges said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution, adding that it must be struck down.
By a majority verdict on Tuesday, the Supreme Court set aside the practice of divorce through triple talaq among Muslims, ruling that the practice was ‘void, illegal and unconstitutional’. The apex court observed that triple talaq was against the basic tenets of Quran. A five-judge constitution bench said in a 395-page order said: “In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside.”
While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, Justices R F Nariman, Kurian Joseph, and U U Lalit held it as violative of the Constitution. The majority verdict, however, observed that any practice, including triple talaq, which is against the tenets of Quran is unacceptable.
Meanwhile, the government will issue an advisory to states to keep a watch on situation after the Supreme Court verdict on triple talaq and take appropriate action, said the Ministry of Home Affairs.
Practice of divorce through triple talaq is manifestly arbitrary
The three judges said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution, adding that it must be struck down. The verdict given by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practise of triple talaq for six months, urged the political parties to set aside their differences and aid the Centre in coming out with a legislation. If the Centre does nit bring in a law within six months, said the judges in the minority verdict, then its injunction on triple talaq will continue.
Hope that Centre’s legislation will take into account concerns of Muslim bodies, Sharia law, says CJI Khehar
In their minority verdict, CJI Khehar and Justice Nazeer expressed hope that the Centre’s legislation will take into account the concerns of Muslim bodies and the Sharia law. The bench, which consisted of judges from different religious communities – Sikh, Christian, Parsi, Hindu and Muslim – had heard seven pleas. This included five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ in the community.