Supreme Court sets aside instant triple talaq in split verdict

Judgment on triple talaq is historic, says Prime Minister Narendra Modi

 

The Supreme Court on Tuesday declared that the centuries-old practice of instant triple talaq among the Muslim community was unconstitutional.The five-judge Constitution bench presided over by Chief Justice J S Khehar delivered a split verdict 3:2 in three separate judgments. The order seeks to overturn the conventional belief that it is the community itself, not Parliament or courts, which should reform religious or personal law.

The majority (economy news)judges ruled that the divorce allowed for a Muslim man by pronouncing talaq (talaq-e-biddat) thrice violated the Constitutional provisions. In two separate judgments, they reviewed earlier laws and high court judgments to strike down triple talaq as unauthorised by the Quran, the holy book of Islam.

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However, the chief justice, along with Justice Nazeer, was in a minority, upholding the practice of triple talaq as part of the personal law of the Muslims and, therefore, protected by Article 25 of the Constitution. Putting the onus on Parliament, the two dissenting members of the bench, in a 270-page judgment, urged the government to pass a law on the subject within six months; till then there would be an injunction on talaq. However, as it is merely a minority view, it has no authority.

Kamini Jaiswal, a senior advocate at the Supreme Court, while welcoming the overall decision of the apex court, has expressed disappointment on the minority verdict. “Allowing triple talaq on the grounds of Article 25, while leaving it open to the government to restrict it through legislation, seems counterproductive. Wouldn’t the making of any such law be hit by the very same fundamental right that was used to uphold it?” Jaiswal argued.

All political parties and leaders from minority communities welcomed the apex court order, including Kapil Sibal, the lawyer for the All India Muslim Personal Law Board (AIMPLB) which argued against judicial intervention in triple talaq. Sibal said, “We hail the judgment. It protects personal laws and at the same time deprecates the practice of triple talaq.”   (read full story)