The verdict on “Triple Talaq” practice is out and Muslim women are going gaga with the results. On Tuesday, The Supreme Court has ruled out the validity of Triple Talaq as void.
Triple Talaq is a procedure where Muslim men had the right to divorce their wife just by pronouncing the word “Talaq” three times (even on phone). This practice is seen by a section of Muslims as regressive and many complaints have been lodged, citing how unjust the whole practice is towards the women.
A discussion on making the phenomenon invalid was going on in the Supreme Court for almost two years. The issue was initially raised by some Muslim woman who pleaded in the court against the practice of triple talaq. The catalysts for the issue resolution were victims like Shayara Bano who appealed to the court for the ruling. They alleged that their husbands wanted to divorce them, without any discussions, on just a phone call, Skype or Whatsapp.
During the hearing, the court stated that it would discuss whether “Triple Talaq” was a part of fundamental rights or was becoming a way to carry on the practice of polygamy.
The discussion bench comprised of five judges; Justices Kurian Joseph, R F Nariman and U U Lalit, CJI JS Khehar and Justice Abdul Nazeer. All three judges had different faiths. The former three ruled against the practice of Triple Talaq and the latter two supported the practice.
The Supreme Court gave a verdict against “Triple Talaq” saying that this practice violated the two articles of Indian Constitution; Article 14 and Article 21.
Leaders from both the parties, Congress and BJP have welcomed the decision of Supreme Court in the case of Triple Talaq. They said that the decision came with the majority of 3:2 which is quite progressive for a country like India. Both the parties have said that this is a big step in protecting the rights of Muslim women.
All India Muslim Personal Law Board is not much comfortable with the ruling but they have passed on the information officially to all kazis.
“We don’t want the court to enter into a slippery slope. The court should not venture into the area and interpret something, which is not in its domain. Personal law, customs, and faith cannot be tested under the garb of fundamental rights,” the Muslim board had said.
The apex court put a six-month stay on the practice, directing Parliament to enact a law within the given time period. If the law doesn’t come into force in six months from now, then SC’s injunction on Triple Talaq will continue. The Supreme Court has asked political parties to keep their differences aside and help Centre in bringing out the law on the practice.’
Countries like Pakistan and Bangladesh which are still developing have denounced this practice but we are still struggling through this.
It surely is a historic day for the Constitution of India and the nation as a whole!