India

Triple Talaq Supreme Court verdict terms it Unconstitutional, Ruled by 3-2 majority

Triple Talaq Supreme Court verdict terms it Unconstitutional, Ruled by 3-2 majority
Written by Pallavi Parmar

Supreme Court Triple Talaq bench comprising of five Judges imposed a ban on triple talaq for six months by declaring it unconstitutional. The five senior-most judges barred triple talaq for six months ruled by a 3-2 majority until Parliament brings it in a law. Triple Talaq is the practice of Muslim men for getting an instant divorce by saying Talaq for three times. On Tuesday morning Supreme Court upheld the constitutional validity of triple talaq saying it was not violative of Article 14 and 21 of the Indian Constitution. A bench comprising of five judges headed by the Chief Justice J S Khehar and it includes judges from different communities has banned Triple Talaq for six months. The Chief Justice J S Khehar is Sikh, Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim).

The personal law is governed by the Muslims since 1937 that is the Muslim Personal Law Board. According to the Muslim Board, Triple Talaq is a matter of faith. So, the Muslim Personal Law Board opposed court intervention by arguing that the court must keep out of the faith matters. While NDA government opposed the practices such as triple talaq violate fundamental rights of women. Today the court has announced the Triple Talap verdict by declaring it unconstitutional. This verdict came into force after the numbers of petitions that have been filed by the Muslim women against the Triple Talap and cases pertaining to Muslim women.

In 2016 the 35-year-old woman Shayara Bano challenged the practice of Triple Talaq. After her husband of 15 years divorced her through triple talaq. This case came after the decades ago a case of Shah Bano in 1985. This time it is expecting that the verdict of the Court will be different from that of the Shah Bano case.

About the author

Pallavi Parmar

Journalism is my profession, Blogging and Writing are my passion, Travelling is my love, Food is my life and Feminist by nature.