In a historic decision, the Supreme Court struck down the triple talaq practice as unconstitutional. In a 3:2 majority, while Chief Justice Khehar and Justice S Abdul Nazeer held the instant divorce as a fundamental right to religion of the Muslims, stating it can't be unconstitutional, Justices Kurian Joseph, RF Nariman, and UU Lalit said it violated the fundamental rights of Muslim women as they are subjected to arbitrary and irrevocable divorce through it.
While holding triple talaq valid, CJI Khehar and Justice Nazeer ordered a stay on the practice for six months to enable legislature bring a law banning the practice. They maintained that if a legislation banning triple talaq completely is placed before the Parliament within six months, the stay on the practice would continue till it enacted or rejected the law. However, the other three Justices, through different reasons, concluded it to be unconstitutional.
Triple talaq was not sanctioned by the Holy Quran and hence could not form part of the fundamental right to religion, Justice Joseph said. The bench, made up of judges from different religious communities- Sikh, Christian, Parsi, Hindu, and Muslim, had heard seven different pleas, including five separate petitions filed by Muslim women who challenged the prevalent practice in the community. They had claimed that triple talaq was unconstitutional.
Petitions were filed challenging the practices were husbands pronounce 'Talaq' three times in one go, over phone or even text messages in several occasions. During the hearing, the SC had observed that the practice of 'triple talaq' was the “worst” and “not a desirable” form of dissolution of marriage among Muslims. The government had earlier told the bench that it will compose a law to regulate marriage and divorce among Muslims if 'triple talaq' is held invalid and unconstitutional by the apex court.
The Centre had termed all three forms of divorce among the Muslim community- talaq-e-biddat, talaq hasan, and talaq ahsan, as “unilateral” and “extra-judicial”. It said all personal laws must be in conformity with the Constitution and, rights of marriage, divorce, property and succession was to be treated in the same class. It had said triple talaq is neither integral nor a “majority versus minority” issue, but rather an “intra-community tussle” between Muslim men and deprived women.
Meanwhile, the All India Muslim Personal Law Board said it would work out its future course of action with regard to the verdict. Member of the Board's working committee Zafaryab Jilani said, “The working committee meeting in Bhopal on September 10 will take a decision on the future course of action on the Supreme Court verdict after studying it in detail.” Other issues will also be taken up in the meeting with the verdict being a priority.
The judgment was welcomed by Prime Minister Narendra Modi who called it “historic”. Modi said the decision grants equality to Muslim women, and will serve as a powerful measure for women empowerment. Madhya Pradesh Chief Minister Shivraj Singh Chouhan urged Modi Sarkar to enact a law on the topic soon. He tweeted, “Traditions like triple talaq are like mental and social harassment of our sisters and daughters and are an impediment in the progress of modern Indian society.” Several leaders came forward to cheer the verdict, including Union Minister Maneka Gandhi, who called it a “step towards gender justice and equality”. BJP spokesperson Aman Sinha said the judgement has vindicated the stand of the Narendra Modi government, adding that it will help Muslim women live dignified lives.
