New Delhi: The Supreme Court on Tuesday pronounced a historic judgment on the controversial issue of ‘triple talaq’ among Muslims and barred the practice for 6 months. After reading separate judgements, the 5-judge bench of Supreme Court ruled in 3:2 majority that triple talaq is void and illegal and asked the parliament to bring in a legislation within 6 months.
SC expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and Sharia law. It also asked the political parties to keep their differences aside and help Centre in bringing out law on triple talaq.
If law doesn’t come in force in six months, then SC’s injunction on triple talaq will continue. It also refers to abolition of triple talalq in Islamic countries and asked why can’t independent India get rid of it?
A five-judge constitution bench headed by Chief Justice JS Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.
During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an “enforceable” fundamental right to practice religion by the Muslims.
Besides CJI Khehar, the bench also included Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer.
The bench, made up of judges from different religious communities had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ in the community.
The petitioners had claimed that the practice of ‘triple talaq’ was unconstitutional.
The Muslim women, who had filed the petitions, have challenged the practice of ‘triple talaq’ in which the husband pronounces ‘talaq’ thrice in one go, sometimes even by phone or a text message, to get a divorce.
(With external inputs)