NEW DELHI: The Supreme Court on Friday said that Triple Talaq was the worst and undesirable form of dissolution of marriage while hearing the case pertaining to constitutional validity of Triple Talaq on second consecutive day.
A five-judge constitution bench headed by Chief Justice JS Khehar went on to compare Triple Talaq to death penalty saying it is abhorrent but permissible in law.
The hearing also saw verses of the Quran being read before it by the petitioners to support their plea. “There is no mutual consent in Triple Talaq and if it comes to an end, whatever consequences will be decided then.” CJI observed.
Senior advocate Ram Jethmalani appearing on behalf of Forum for Awareness of National Security, said, “Triple Talaq is inherently unequal to women. The practice is abhorrent to God and no amount of advocacy by man can cure it. No discrimination against a woman is possible just because she is a woman. Can any law allow a man to get rid of a woman on a whim?” Jethmalani further said “Any customary usage is enforceable by court under article 13 which states laws inconsistent with or in derogation of the fundamental rights.” “There should be uniform code of marriage for husband and wife. Triple Talaq is discrimination on the ground of sex,” Jethmalani said.
On this, senior advocate Salman Khurshid, who is assisting the court said, “Islam says Triple Talaq is sinful but permissible.”
This led Justice Kurian Joseph to respond, “Can something found sinful by God be validated by laws of man?” Khurshid then explained, “The All India Muslim Personal Law Board is the best body to guide the court on the varying philosophies of schools of Islam about Triple Talaq.”
“We are not bound by any religious or parallel court, bound only by constitution. Nobody’s right and dignity can be taken away,” the bench observed.
Khurshid said the irrevocable nature of Triple Talaq can be negated if the three-time pronouncement of Talaq in one go is considered one leaving the scope for reconciliation and re-union during the ‘iddat’ (waiting) period. On bench’s query whether the practice of Triple Talaq is prevalent in other countries as well. Khurshid said, “It is not practiced in any other country except India.”