The Supreme Court announced the practice of Triple Talaq as unconstitutional and also struck it down by a majority of 3.2. The court explained that the practice of Triple Talaq violates the basic fundamental rights of women from the Muslim communities and ends marriages without any chance of re-conciliation.
Basically, Triple Talaq {also called as verbal divorce} is a practice of giving divorce to their wives by just uttering Talaq three times. This practice is being followed in some Muslim communities around the globe and is raising voice for its existence. Some Muslim groups see the issue as a matter of religious right while others, including the Centre, termed it unconstitutional and inhuman.
Justices Rohinton Nariman, Uday Lalit and Joseph Kurien ruled the practice of Triple Talaq as unconstitutional as, what cannot be true in theology cannot be protected by law. The jury added, “Triple Talaq is not recognized by Koran and hence it couldn’t be a practice to be protected under the right to religion”.
The Supreme Court, earlier in February said that a Constitution bench would be set up to hear and decide on whether Triple Talaq is constitutionally valid or not. On May 18, the bench reserved its verdict after a six-day marathon hearing during the summer vacation.
As reported to ANI, CJI Khehar said that Talaq-E-Biddat is an integral part of the Sunni community and has been practiced for 1000 years. He also asked the government to bring legislation in six months to govern marriage and divorce in the Muslim community.
Now, it is parliaments turn to make a decision. The Centre has told that it will come out with a law to regulate marriage and divorce among Muslim communities if the Triple Talaq is held invalid by the court. All we do is wait and watch what happens next.
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