New Delhi, Aug 22: In a landmark judgment, the five-judge constitutional bench of the Supreme Court ruled that the practice of triple talaq is “void”, “illegal” and “unconstitutional”. The apex court held that the triple talaq is against the basic tenets of Quran and hence, cannot be protected by the Constitution. However, the judgment was not a unanimous verdict.
The bench was headed by CJI Jagdish Singh Khehar and included Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer. While CJI Khehar and Justice S Abdul Nazeer were in favour of banning the controversial practice for six months and asked the government to bring a law, Justices Kurian Joseph, RF Nariman and UU Lalit held it as against the Constitution.
Of the five judges, Justices Nariman, Lalit and Kurian said triple talaq is “unconstitutional” and “in view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ – triple talaq is set aside”, the order of the court read. (Also Read: Triple Talaq Void, Illegal, Says Supreme Court: Chronology of Events)
“Triple Talaq may be a permissible practice but it is retrograde and unworthy. Since triple talaq is instant it is irrevocable and the marital tie gets broken. It is violative of Article 14, the right to equality,” they said. On the other hand, JS Khehar and Justice S Abdul Nazeer maintained that while triple talaq “may be sinful”, the Supreme Court cannot interfere in matters of personal laws.
Khehar also said that triple talaq is not in violation of articles 14, 15, 21 and 25 of the Constitution and it is an integral part of the Sunni community practice for 1400 years, before suggesting that Parliament should bring a law.
“Quran attributes permanence to matrimony. Essential steps required before talaq. Triple talaq against tenets of Quran, therefore, violates Shariat,” said Justice Kurian Joseph. His views were agreed upon by Justice UU Lalit. (Also Read: PM Narendra Modi Hails Supreme Court’s Judgment)
“It is a disapproved form of divorce. Even the Hanafi law says triple talaq is sinful. 1937 Act recognizes triple talaq and therefore does not violate Article 13. It is not possible for the court to fold his hands when petitioners come to court,” said Justice Rohinton Fali Nariman.
On the other hand, Khehar said, “Triple Talaq is important to Sunnis of Hanafi school, and has to be accepted as important to their culture.” Justice S Abdul Nazeer endorsed the views of CJI Khehar.
