The Supreme Court of India on Tuesday set aside the practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution. It also held that the triple talaq, where a man divorces his wife by pronouncing the word ‘talaq’ thrice, was against the basic principles of Quran.
“In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside,” a five-judge constitution bench said in a 395-page order. With this India joins the majority countries(including Pakistan) which have declared this form of divorce as illegal.
While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution.
Many hail SC verdict
Many activists from the Muslium communtity also welcomed the verdict and termed this as “one of the best reforms” in the country after independence. The BJP and RSS who have actively campaigned against the primitive practice hailed the judgement as historic.Maneka Gandhi hailed the judgement as another step towards gender justice.
AIMIM chief Asaduddin Owaisi said it would be a “herculean task” to implement the Supreme Court order on triple talaq due to “practical difficulties”. BSP welcomed the judgement adding that the Muslim Personal Law Board should have also been taken on board.