Supreme Court Sets Aside Instant Triple Talaq

Kelley Robertson
August 23, 2017

"The Supreme Court has granted right to Muslim women to live with dignity and equality", Shah's statement posted on his Twitter handle said. The bench is headed by Chief Justice J S Khehar, and includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer. A batch of petitioners, mostly Muslim women led by Shayara Bano, Aafreen Rahman, Bebak Collective, had challenged the constitutionality of triple talaq, and their counsels, including senior advocates Indira Jaising, Anand Grover had fought tooth and nail to drive home the points regarding the extremely discriminatory nature of the practice.

Earlier the day, the Supreme Court struck down the Triple Talaq practice as "unconstitutional" by a 3:2 majority. However, the ruling NDA government had always been opposing triple talaq which violated the fundamental rights of women. Asking the government to enact a new law without harmingthe Sharia, she hoped that a new legislation will be broughtwithout any pressure to ensure welfare and prosperity of Muslim women. They were of the view that parliament should bring a law to end the practice. "It grants equality to Muslim women and is a powerful measure for women empowerment", Modi said.

A Muslim man can divorce his wife by pronouncing the word "talaq" three times orally, in a written format or delivered electronically by a phone call, SMS or via social media.

Law minister Ravi Shankar Prasad said, "We will consider the issue in a structured manner but the prima facie reading of the judgment is that triple "talaq" has been declared unconstitutional and illegal".

"Testing the validity of customs and practices of a community is a slippery slope into which the Supreme Court must not venture", said the board's lawyer Kapil Sibal, as reported by The Times of India. "Triple talaq was part of Muslim personal law and hence enjoys the status of fundamental rights", Justice Khehar said.


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

The Muslim Personal Law Board had opposed any court intervention, arguing that the court must keep out of matters of faith.

In the Muslim community, the government had described the triple talaq in three parts Talaq-e-Bidhat, Talaq Hasan and Talaq e-Hasan as "one-sided" and "non-negotiable". This verdict will empower #Muslim women in India.

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

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