Big Win for Muslim Women; SC strikes down triple Talaq by a 3-2 majority

The supreme court in its verdict on Tuesday strikes down triple Talaq terming the practice unconstitutional. The constitutional bench was of five senior-most supreme court judges. All of the judges having different faiths delivered a split verdict invalidating the practice. The SC said the practice violates the Fundamental rights 14 & 15 and therefore it is unconstitutional.

The judges listened to the seven petitions by Muslim women including the one got divorced on WhatsApp was behind these petitions. This is a practice by some in Muslim community to instantly divorce their wives by saying talaq three times.

ban triple talaq

Triple Talaq Verdict:

The majority of judgment came from- Justice Rohinton Nariman, Justice UU Lalit and Justice Kurien Joseph. They said “triple talaq may be permissible practice but it’s retrograde and unworthy. Since being irrevocable and instant triple talaq causes broke down of marital ties. It is violative of article 14 Right to equality“.

Justice Abdul Nazeer and CJI JS Khehar wrote the minority judgment, therefore, upheld the validity of this practice. Finally, CJI Khehar asked the government to come with a legislation in six months. That will be for regulating marriage and divorce in Muslim community.

The center told supreme court that ‘triple Talaq’  deny the fundamental rights given by the Constitution to Muslim women. Shayara Bano was the lead petitioner. The attorney general Mukul Rohtagi represented The Central Government and additional solicitor general Tushar Mehta.During the hearing in the top court, the government said that it would bring a legislation to regulate the marriages and divorce in Muslim community if apex court upheld the practice of ‘triple Talaq’ unconstitutional. Hence, the ball is in parliaments court.

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