A 5-judge Supreme Court bench has barred the controversial Triple Talaq practice, asking the Centre to bring legislation. The apex court put a six-month stay on the practice, directing Parliament to enact a law within the given time period.
After reading separate judgments, the bench ruled in 3:2 majority that Triple Talaq was void and illegal and 'unconstitutional'. SC referred to the abolition of Triple Talalq in Islamic countries and asked why can't India get rid of it.
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, asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution.
This could be a momentous decision that might herald the end of a law that Muslim women had long argued violated their right to equality.
The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times. Muslim women say they have been left destitute by husbands divorcing them through "triple talaq", including by Skype and WhatsApp.
What happens after 6 months :
If law doesn't come in force in six months, then SC's injunction on Triple Talaq will continue. SC has asked political parties to keep their differences aside and help Centre in bringing out law on the practice.
The practice of Triple Talaq has been subject to arguments. Some Muslim groups see the issue as a matter of religious right while others, including the Centre, term it unconstitutional. Here's a primer:
1. Triple Talaq is a form of divorce followed by Muslims in India. It has been at the centre of the controversy for a long period, raising questions of human rights, secularism and gender justice.
2. This practice is seen by a section of Muslims as regressive and many complaints have been lodged, citing how unjust the whole practice is towards women. Proponents of the Uniform Civil Code have often raised the issue and how it tends to go against the basic human rights.
3. Following a petition, the Supreme Court for the first time reviewed whether Triple Talaq is fundamental to Islam and therefore legally binding upon women to adhere to the practice.
4. The verdict was delivered by five senior most judges of different faiths. This is indicative of the secular nature of the ruling.
5. Some Muslims scholars have said that it is an attempt to meddle with their personal laws which are not acceptable in a secular country.
6. Votaries of personal laws have often tended to defend the practices of Triple Talaq and Nikah Halala to safeguard an archaic practice.
7. The Supreme Court verdict was being awaited with great hope and enthusiasm among the women of the Muslim community. The verdict is expected to bring about a fundamantal alteration to the Muslim personal law.
8. Issues such as divorce, inheritance and marriage is governed by Muslim Personal law (Shariat) Application act, 1937.
9. Progressive members have also shown how it has been denounced in a Islamic nation such as Pakistan.
10. The campaign towards removing Triple Talaq gained more weight when instance of divorce by Skype and WhatsApp have come to the forefront.
11.The ruling was followed by political parties, Muslim outfits and women's groups as well as Shayara Bano, the 35-year-old petitioner who has challenged the practice. Petitions of four other Muslim.
CJI Khehar, while pronouncing the judgement, said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."
The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding 'talaq-e-iddat.' He said that all parties must decide keeping politics aside.
The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.
The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.
Various petitioners had knocked the doors of the apex court seeking to strike down triple talaq.
On May 22, the All Indian Muslim Personal Law (AIMPLB) filed an affidavit in the Supreme Court and said it would advise the Qazis to tell the brides and grooms to not resort to "triple talaq in one sitting."
The All India Muslim Personal Law Board (AIMPLB) told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in 'nikahnama'. The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high 'mehr' amount in case of talaq.
The board's reply came after CJI J.S. Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.
The board also showed the court a resolution passed on April 14, 2017 which stated triple talaq as a sin and that the community should boycott the person doing such an act. While Sibal earlier said the apex court should not decide or interfere in one's faith and belief.
Prime Minister Narendra Modi, on the occasion of 71st Independence Day, admired the courage of women who have been suffering due to Triple Talaq, asserting that nation is with them in their struggles.
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