The Supreme Court on Tuesday set aside the practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution. Three judges on the 5 judge Constitution bench decided against triple talaq while two ruled in favor. Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq needs to go while CJI JS Khehar and Justice Abdul Nazeer backed triple talaq. A bench comprising five judges, headed by Chief Justice J S Khehar, had reserved its verdict on May 18, six days after the hearing began on May 11.
During the hearings, the court had clarified that it would only deliberate whether the practice of ‘triple talaq’ is part of an “enforceable” fundamental right to practice religion among Muslims and not on the practice of polygamy. The bench, which includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, while deliberating the issue, heard several pleas filed by Muslim women who had challenged the practice of instant triple talaq, where a man divorces his wife by pronouncing the word ‘talaq’ thrice.
The Supreme Court on Tuesday struck down triple talaq terming it “unconstitutional”. The constitutional bench, headed by the Chief Justice JS Khehar, delivered a spilt verdict (3:2) invalidating the practice as part of the Muslim Personal Law. The majority judgment came from three judges — Justice Rohinton Nariman, Justice Kurien Joseph and Justice UU Lalit. CJI JS Khehar and Justice S Abdul Nazeer write minority judgment.
Triple talaq verdict LIVE updates from Supreme Court:
11.20 am: “Extremely difficult to agree with CJI that Triple Talaq is integral to the practice of Islam,” Justice Kurian said, while delivering his verdict. Justice Kurian added that triple talaq was against the tenets of Holy Quran and hence violates Shariat law.
10.40 am: Two judges ( Justice Nariman and Justice Lalit) set it aside terming it unconstitutional, Justice Joseph set it aside on the ground that it is against the teachings of Quran. CJI JS Khehar and Justice Abdul Nazeer backed triple talaq. “Triple talaq was part of Muslim personal law and hence enjoys the status of fundamental rights,” said CJI Khehar. CJI wanted Parliament to bring about a law to deal with triple talaq.
The initial confusion about the verdict happened after CJI Khehar, who read his part first, said triple talaq can’t be struck down as unconstitutional and asked Parliament to make law.
10.37 am: The judges have assembled, and the verdict is expected anytime now.
10.22 am: In an opinion column in The Indian Express, Pratap Bhanu Mehta had written: “The “triple talaq” hearing is an opportunity for the Supreme Court to finally remove some jurisprudential cobwebs that have enveloped constitutional secularism in India. The court has a wonderful opportunity to undo this constitutional nonsense. This nonsense also created a distorted politics of secularism.”
Mehta is president, CPR Delhi and contributing editor of The Indian Express.
10.17 am: “It is a big day, let us see what the judgment says,” former AG Mukul Rohatgi is quoted as saying by ANI. During the hearing, he had told the bench that the government would introduce new laws for the Muslim community if it upholds the practice of triple talaq as invalid.
10.15 am: If you recall, during his Independence Day speech, Prime Minister Narendra Modi had praised the campaign by some women against triple talaq. He had said: “I would like to honor those sisters who have been forced to lead a very difficult life due to triple talaq. There is no recourse for them, and such victims of triple talaq have launched a massive movement in the country. They shook the conscience of the intellectual class of the country, the media of the country also helped them and a movement against triple talaq was started in the country.”
10.10 am: During the hearing, the Supreme Court had described the practice of triple talaq as the “worst”, and “not a desirable” form to dissolve a marriage. Last December, the Allahabad High Court too had called the practice “unconstitutional”, adding that a person’s rights cannot be violated in the name of “personal law”.
10.05 am: In an opinion column in The Indian Express today, A. Faizur Rahman writes: “The presumptions here are: Reform in Muslim societies is possible only if the Quran is not considered a divine book, and Islamic reform means a rejection of Quranic verses that are “bad”. The second presumption is, in fact, based on the premise that there are bad verses in the Quran. A little reflection would reveal that scriptural content and its authorship are different issues.”
Rahman is an independent researcher and secretary general of the Chennai-based Islamic Forum for the Promotion of Moderate Thought.
10.00 am: The case is being heard by a five-member bench of justices. Led by CJI J S Khehar, it includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer. Each of the judges are from different religious communities — Sikh Christian, Parsi, Hindu, and Muslim. They have heard seven petitions, including the five by different Muslim women.
9.57 am: If you’re just joining us, here’s a liveblog of the Supreme Court’s verdict on triple talaq, which is expected to be delivered at 10.30 am this morning. The apex court will examine whether the practice within the Muslim community is an “enforceable” fundamental right to practice religion.
9.55 am: Ahead of the verdict, Shayara Bano, the main petitioner in the case, told ANI, “I feel the judgment will be in my favor. Time has changed and a law will certainly be made.”
9.44 am: During the hearing on triple talaq, former Attorney General Mukul Rohtagi had assured the top court that the Centre will come up with a new law to enable Muslims to file for divorce, in the case that all forms of the practice are declared unconstitutional. In its stand, the Centre had declared the practice as “extra-judicious” and “discriminatory”.
9.42 am: There are six petitioners in the triple talaq case. Five women, Shayara Bano, Ishrat Jahan, Gulshan Parween, Aafreen Rehman, and Atiya Sabri along with the Bharatiya Muslim Mahila Andolan (BMMA), had filed approached the Supreme Court on the controversial issue.
9.40 am: Here’s a quick run-down of what we can expect today. The Supreme Court, which began hearing petitions challenging the constitutional validity of triple talaq — an instance divorce practice — in May will pronounce its verdict today. A bench of five judges, led by the CJI, is expected to deliver this verdict at 10.30 am. There were six petitions filed, which argued that the practice was “unlawful and unconstitutional”.
8.20 am: There are six petitions before the Supreme Court. The main plea has been filed by Uttarakhand-based Shayara Bano, whose husband of 15 years divorced her by pronounced triple talaq. In her petition, Bano contended that “the Muslim husband’s right to ask for divorce by uttering talaq three times in a row is completely unilateral, unguided, absolute and has no rationale. It cannot be identified with Muslim culture and is not part of Muslim law. So it is not part of religion and hence not part of the right to practice or propagate religion and deserves no protection.”
7.45 am: The court will give its judgment on the triple talaq case at 10:30 am.
Reference
- http://indianexpress.com/article/india/triple-talaq-verdict-judgment-live-updates-supreme-court-all-india-muslim-board-instant-divorce-centre-polygamy-4807803/
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