New Delhi, Aug 22: A five-judge constitution bench of Supreme Court of India would on Tuesday deliver its judgment on the constitutional validity of controversial Islamic practice of triple talaq. The multi-religion bench comprises Chief Justice JS Khehar and Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer. We will be updating live on the apex court pronouncing its judgment on triple talaq, stay with us.
The petitions included five separate writ petitions filed by Muslim women challenging the practice of triple talaq prevalent in the community and terming it “unconstitutional”. In last few years, as claimed, some of the Muslim women have been given talaq over Skype, Whatsapp, by phone or even a text message. During the hearing, the apex court had observed that triple talaq is “worst” and “not a desirable” form of dissolution of marriage.
Several lawyers including noted jurist Ram Jethmalani had attacked the practice of triple talaq on various constitutional grounds including the right to equality and termed it “abhorrent”, PTI reported.
During the hearing, CJI had asked, “Can what is sinful in the eyes of God be lawful? If God considers it a sin, it can’t be legal.” Echoing same sentiments, Justice Kurian Joseph had asked,” If something is Islamically abhorrent, sinful or under any religious law distasteful, can it be validated by law made by man?”
However, the All India Muslim Personal Law Board (AIMPLB) had countered that the practice of triple talaq is a matter of faith. ”Triple talaq is reprehensible and sinful way to divorce, and we have spoken against it, but we want the court and government to stay off. Where will Muslim men go for divorce if you [court] strike down ‘talaq’ and Parliament refuses to pass a new law?”, the AIMPLB asked.
Apart from this, the apex court will also pronounce its verdict on the October 2015 reference from the bench of Justices Anil R Dave and Adarsh Kumar Goel, who had questioned if practices of Muslim personal laws reduce women to mere goods.
It had also ordered registration of a suo motu public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ for a special bench to consider and examine gender discrimination suffered by Muslim women and if “arbitrary divorce and second marriage of their husbands during the currency of their first marriage” violate women’s dignity. Stay with us to catch live news updates on triple talaq.
