India: SC sets aside triple talaq, declares it unconstitutional

Satya Prakash, Tribune News Service, New Delhi, August 22SC sets aside triple talaq, declares it unconstitutionalAfter triple talaq verdict, All India Muslim Women Personal Law Board president Shaista Ambar celebrates with a petitioner in Lucknow. —Tribune photo

Muslim men can no longer pronounce instant triple talaq as the Supreme Court on Tuesday declared the age-old practice unconstitutional on the ground that it was arbitrary and violated right to equality of Muslim women.A five-judge Constitution Bench set aside the age-old practice by a majority of 3:2, holding it was “retrograde” and unworthy of protection.There were three verdicts, one each pronounced by Chief Justice of India JS Khehar, Kurian Joseph and Justice Rohinton F Nariman.Follow The Tribune on Facebook; and Twitter @thetribunechd)The majority verdicts were pronounced by Justice Nariman and Justice Joseph. Justice Lalit agreed with Justice Nariman’s findings on the contentious issue.Justice Nariman’s verdict also held that Muslim Marriage Dissolution Act, 1937, was a ‘law’ within the meaning of Article 13 of the Constitution and, hence, it can’t violate fundamental rights of Muslim women.’

Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.

Accordingly, Justice Nariman and Justice Lalit declared Section 2 of the Act unconstitutional in so far as it sought to enforce triple talaq.Justice Narimanon said if someone approached it for protection of fundamental rights, the court can’t turn its back to them.The CJI was in minority with Justice S Abdul Nazeer agreeing with him. They held triple talaq to be a part of Muslim Personal Law practise for 1,400 years.However, noting that the Muslim law has been reformed the world over, the CJI restrained Muslim husbands from pronouncing triple talaq.Pointing out that personal laws of other communities in India have been reformed by the Legislature, the CJI and Justice Nazeer asked the Government to come up with a law on the issue within six months

Categories: India

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