JOIN USNEW DELHI, DHNS: The government has justified presenting a bill for banning the practice of triple talaq among Muslim men, claiming that the Supreme Court had directed for bringing a law.
Among other reasons, Law Minister Ravi Shankar Prasad and Finance Minister Arun Jaitley have cited the August 22 judgement of the Supreme Court in the 'Shyara Bano versus Union of India' case.
This was, however, a minority view of the Supreme Court's five judge bench, which declared the practice void and unconstitutional.
The minority judgement, authored by then Chief Justice of India J S Khehar, stated, "We therefore hereby direct the Union of India to consider appropriate legislation, particularly with reference to 'talaq-e-biddat'."
"We would therefore implore the legislature to bestow its thoughtful consideration to this issue of paramount importance. We would also beseech different political parties to keep their individual political gains apart, while considering the necessary measures requiring legislation," it said.
The minority view held that religion is a matter of faith and not of logic. So interference in matters of personal law is clearly beyond judicial examination. However, it can be done by legislation.
In a separate judgement, Justice Kurian Jopseh concluded that in triple talaq, the door for reconciliation is closed, hence it is against the basic tenets of the Holy Quran and consequently it violates the Shariat.
"What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well," he said.
Another judgement, authored by Justice R F Nariman and signed by Justice U U Lalit, ruled that triple talaq was violative of the fundamental right to equality guaranteed under the Constitution.
"It is clear that this form of talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it," this judgement said.