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SC strikes down practice of triple talaq, terms it unconstitutional

Last Updated 22 August 2017, 07:11 IST
The Supreme Court on Tuesday struck down the practice of triple talaq, as being violative of fundamental rights of Muslim women.

A five-judge bench presided over by Chief Justice J S Khehar by a majority of 3:2 declared the practice of instant pronouncement of Talaq thrice as void.

Justice Khehar and Justice S Abdul Nazeer were in minority. Justices Kurian Joseph, R F Nariman and U U Lalit by a majority decision were in disagreement and declared it as illegal.

The CJI in his pronouncement passed an injunction on pronouncing triple talaq for a period of six months. He also implored the Union government to bring in a law to regulate it in this period. He also asked political parties to keep their differences aside. The CJI said the reforms should only by brought through legislative action.

Justice Nariman and Joseph made their separate pronouncements. Justice Joseph held the triple talaq is against the basic tenets of Islam. He disagreed that it is an integral to the religion.

Justice Nariman said it is "manifestly arbitrary and violative of Article 14 of the Constitution".

The apex court's historic verdict came on a batch of writ petitions filed by five affected Muslim women. The court also dealt with a suo motu matter 'In Re Muslim women's quest for Equality' of 2015.

The court had on May 18 reserved its judgement after wrapping up six-day long hearing on the batch of petitions.

The All India Muslim Personal Law Board, which opposed the court's intervention, had conceded that it does not want the practice to continue and would issue an advisory to exclude it in the 'Nikahnama'.

The board had earlier admitted the practice was “sinful and undesirable” but defended it saying that it has continued for 1400 years.

The Union government had supported the women-petitioner saying the practice of triple talaq has to be tested on the principle of equity, good conscience and constitutional morality.

triple talaq is not a tussle between majority and minority, but it is an intra-minority fight of women against Muslim men. The women suffered domination due to employment and empowerment of men, the government had said. It also maintained that the practice was not an integral part of religion.
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(Published 22 August 2017, 05:26 IST)

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