India's Supreme Court strikes down Triple Talaq, asks Govt to frame law

In a 3:2 majority verdict, the apex court said Triple Talaq is unconstitutional and illegal since it is in violation of Article 14 of the Indian Constitution guaranteeing equality before the law.

It has thus been struck down in effect.

The five-judge bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer. The panel of five judges represent different faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

The Supreme Court also put the ball in the court of the Indian government to frame a law to ban it. The Chief Justice of India JS Khehar gave his judgement while other judges pronounced their verdicts too.

While Chief Justice J S Khehar and Justice S Abdul Nazeer favoured suspension of the practice for six months by when the government should fame a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as clearly unconstitutional and illegal.

While triple talaq is thus effectively banned, the operative part of the judgement means it is an injunction for six months till a law is made. The top court had reserved its decision since the hearing concluded in May this year.

Majority of the judges said the practice was violative of Indian constitution and it is retrograde.

Triple talaq, widely practised in India, is a form of unilateral oral divorce to Muslim women by their husbands by uttering the word "talaq" thrice.

A file photo of Zakia Soman and other women from her FB pageWhile the petitioner in the landmark case is 36-year-old Shayara Bano, the campaign to end triple talaq or polygamy in the Muslim society was spearheaded by Zakia Soman, the 50 plus co-founder of Bhartiya Muslim Mahila Andolan (BMMA, the other founder of which is Noorjehan Safia Niaz).

Indian Prime Minister Narendra Modi earlier said he would try to give justice to the Muslim women even though some Muslim bodies like the Muslim Law Board are opposing it.

Two main petitioners, Zakia Soman and Shayara Bano, on Tuesday welcomed the Supreme Court's declaration of instant Triple Talaq (oral divorce to Muslim women by their husbands) as "unconstitutional" by a 3:2 majority verdict.

Soman told journalists: "The fundamental right has been upheld by the Supreme Court order." Terming it a tyranny of the patriarchy, she said: "We are happy. It is a historic day. We Muslim are entitled to justice from court as well as legislature. Constitution gives us equal rights.

"Muslim women in India have suffered for the last 70 years. It doesn't end here."

Other petitioner, Shayara Bano, a news channel: "Feeling good after hearing the news. It is a historic decision of Muslim women."

After the Supreme Court nullified the age-old  Islamic practice of triple talaq, the All India Muslim Personal Law Board on Tuesday said its legal committee will study and advice the executive of the  board.

"We have convened a meeting of the executive on 10 September at Bhopal to decide the future course of action," media report quoted the board as saying.

Later the Board said they would take necessary action and the government would be spared for making any legislation.

Contradicting with the SC's order, member of All India Muslim Personal Law Board (AIMPLB), Kamal Faruqui, on a TV panel said: "Triple Talaq is obviously an inappropriate practice but it is there in Sharia. We are no one to disobey Sharia."

Union women and child development minister, Maneka Gandhi, welcomed the verdict of the apex court. She was quoted by CNN news 18: "It is a small step from Supreme Court, giant step for women."