Verdict on triple talaq historic, progressive, path-breaking: Jurists

Marsha Scott
August 23, 2017

In a 3:2 majority verdict, the apex court said Triple Talaq is unconstitutional and illegal since it is in violation of Article 14 of the Indian Constitution guaranteeing equality before the law.

The case had been brought before the Supreme Court by five women divorced through the triple talaq and two rights groups.

Global desk - The top court in India on Tuesday declared the Muslim practice of men divorcing their wives instantly saying Arabic word "Talaq" unconstitutional. Muslim religious elderly desire not to intervene by courts or governments on this whole religious issue.

"I pay respects to those women who has to lead miserable lives due to triple talaq and then started a movement which created an environment in the whole nation against the practice", Modi said.

Triple talaq is a practice among Indian Muslims where men can divorce their wives by simply stating their intention verbally three times i.e. "divorce, divorce, divorce".

The Supreme Court had reserved its verdict on May 18, after conducting a continuous hearing on the issue from May 11.

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The Rajya Sabha member said Prime Minister Narendra Modi in one of his speeches referred to triple talaq, but "did not utter a single word on women's reservation bill".

"Earlier the apex court gave progressive decisions but politicians of yesteryears lacked the vision to support its (courts) decisions in making more equitable and inclusive society by not treating Muslim women at par with women of other communities", she added.

The Congress hailed the verdict as historic, saying it was an affirmation of the rights of the Muslim women. "It is a welcome judgment in a right direction, but it is limited to triple talaq, also called talaq-e-biddat". They, however, reached that outcome without engaging with the central tension between religious practice and law, and constitutional morality. "This is the demand of ordinary Muslim women for over 70 years and it's time for this country to hear their voices", activist Feroze Mithiborwala told New Delhi television station.

Tuesday's ruling was handed down by a majority of three in an all-male panel of five judges of different faiths - a Hindu, a Christian, a Muslim, a Sikh, and a Zoroastrian.

In most Muslim countries, including India's neighbors Pakistan and Bangladesh, the custom is banned.

Other reports by MaliBehiribAe

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