JOIN USDespite a split verdict, the Supreme Court was unanimous on Tuesday in disapproving the practice of triple talaq – a mode of ending a marriage by pronouncing divorce thrice at one go.
Chief Justice of India (CJI) Justice Khehar and Justice S Abdul Nazeer noted that all parties before the court – affected Muslim women, All India Muslim Personal Law Board, the Union government and others – “are unequivocal, that besides being arbitrary the practice of ‘Talaq-e-Biddat’ (instant talaq) is gender discriminatory”.
Both the judges, however, preferred to exercise “judicial restraint”. But they went on to restrain Muslim men from using it for a period of six months. They asked the legislature to consider passing a law in this regard within six months.
On the other hand, Justices Kurian Joseph declared that it was against the basic tenets of Islam. Justices R F Nariman and U U Lalit declared it as “arbitrary” and violative of the fundamental right to equality, so much as it allowed the men to end a marital relationship without any attempt at reconciliation.
Differing with their view, the CJI, as well as Justice Nazeer, said, “All issues governed by personal law, were only altered by way of legislation.”
They said there was not a singular instance of judicial intervention, except a few judgements by the high courts in such matters.
“Despite the practice being considered sinful, it was accepted amongst Sunni Muslims belonging to the Hanafi school. The same is a part of their faith, having been followed for more than 1400 years, and as such, has to be accepted as being a constituent of their personal law,” they said. The judges said reforms to “personal law”, with reference to socially unacceptable practices in different religions, have come about only by way of legislative intervention.
“Unfortunately, the Union (government) seeks at our hands, what truly falls on its own,” the CJI and Justice Nazeer said, in their minority judgement.
Considering that “the whole nation seems to be up in arms” and the plight of “an overwhelming majority of Muslim women”, the CJI and Justice Nazeer directed the government to consider appropriate legislation, particularly with reference to Talaq-e-Biddat.
“Till such time as legislation in the matter is considered, we are satisfied in injuncting Muslim husbands, from pronouncing Talaq-e-Biddat as a means for severing their matrimonial relationship,” they said.
DH News Service