NEW DELHI: In a major relief to Muslim women across India, the five-judge Constitution bench of the Supreme Court on Tuesday held that the practice of Triple Talaq is unconstitutional and is violative of Articles 14 and 15 and termed it as arbitrary and against the tenets of Islam.
The five-judge multi-faith bench gave a split verdict of 3:2, Justices Kurian Joseph, R F Nariman and U U Lalit held that the practice was unconstitutional, whereas Chief Justice of India J S Khehar and Justice Abdul Nazeer dissented.
Though CJI penned down a separate judgment it is in minority and asked the government to bring out legislation in six months time and till that time the practice of triple talaq is barred.
The final verdict overrides the minority view.
Justice R F Nariman in his majority judgement said, “Triple talaq is manifestly arbitrary and whimsical in nature and must be struck as void.”
The court also referred to abolition of triple talalq in Islamic countries and asks why independent India can’t get rid of it and observes, “Instant triple talaq violates constitutional morality and public order.” “The practice is manifestly arbitrary and allows a man to divorce his wife whimsically and capriciously,” Justice Nariman noted.
The bench also states that triple talaq violates fundamental right of Muslim women as it irrevocably ends marriage without any chance of reconciliation between the two.
Justice Kurian Joseph also states, “Triple Talaq is not recognised by Quran and hence it couldn't be a practice to be protected as right to religion.” “Triple Talaq is bad in theology and bad in law,” Justice Joseph observed.
The judges have heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.