SC bans triple talaq , says to frame new law within six months

The 5-judge multi-faith bench on Tuesday upheld the triple talaq practise. The apex court bench has asked the Union Government to bring in a legislation.

Here are the key points of the judgment:

• The Supreme Court held practice of 'triple talaq' unconstitutional by 3-2 majority.
• Justice Nariman, Jaustice Lalit and Justice Kurien said triple talaq was unconstitutional and opposed view of Justice Nazir and CJI Khehar.
• The SC has put six-month stay on practice of Muslim men giving their wives instant divorce through triple talaq.
• The Supreme Court bench has asked Parliament to make a new law on triple talaq issue in six months.
• If law doesn't come in force in six months, then SC's injunction on triple talaq will continue.
• The Supreme Court bench referred to abolition of triple talaq in Islamic countries and asked why can't Independent India get rid of it.
• The SC said "triple talaq violates fundamental right of Muslim women as it irrevocably ends marriage".

During the summer vacation, a bench headed by Chief Justice J S Khehar heard the case for six days and reserved its verdict. Besides the CJI, the bench also included justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer. The bench had heard seven pleas, including five separate petitions filed by Muslim women, challenging the prevalent practice of Triple Talaq in the community.

Triple Talaq has so far been legal for Muslims but several women who have been divorced because of it, including on Skype and WhatsApp, had approached the court to put an end to the practice and had termed it as unconstitutional.

Interestingly, even the Centre has backed petitioners in the case and said that right to equality of all women should be protected.However, the All India Muslim Personal Law Board (AIMPLB), a body which oversees the application of Muslim Personal Law had opposed any ban on Triple Talaq and argued that it’s a religious matter and it’s not for the courts to decide on it.

During the hearing, the bench had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether Triple Talaq was part of an enforceable fundamental right to practice religion by the Muslims.The court had also observed that the practice of Triple Talaq was the worst and not a desirable form of dissolution of marriage among Muslims.