August 22, 2017

SC Finally Gives Verdict On Triple Talaq,Says It Is Unconstitutional.

by Prince Chandran

The Supreme court on Tuesday has finally given the verdict on triple talaq – Muslim practice which allows men to instantly divorce their wives.

The order comes in response to the petition filed by seven Muslim women who had been divorced from triple talaq . The bench comprised of five judges of different faiths deliberated for three months before issuing its order .

The five judges who gave the verdict were from major faith in India – Hinduism,Christianity,Islam,Sikhism and Zoroastrianism.

The four of the five judges   were Chief Justice JS Khehar,Justices Kurian Joseph, Justice Rohington Nariman and UU Lalit, said that “what is sinful under religion cannot be valid under law.”

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They also said that  “triple talaq may be a permissible practice but it retrograde and unworthy. Since triple talaq is instant it is irrevocable and the marital tie gets broken, it violates the right to equality.”

Justice Kurien Joseph said: “What is held bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.”

Justice J S Khehar and Justice Abdul Nazeer were bit different from Justice Kurien views they said that the court cant interfere in the personal laws which have the status of fundamental right under constitution.

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“There cannot be any Constitutional protection to such a practice,” said Justice Joseph, disagreeing with the Chief Justice.

The Centre told the Supreme Court that the practices like ‘triple talaq‘ impact the social status and dignity of Muslim women and deny them fundamental rights guaranteed by the Constitution.

Justice Nariman and Justice Lalit said: “Divorce breaks the marital tie fundamental to family life in Islam. Not only does it disrupt the marital tie between man and woman, but it has severe psychological and other repercussions on the children from such marriage.”

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