Supreme Court Strikes Down Triple Talaq, Declares It Unconstitutional By A 3-2 Majority

The Supreme Court in its verdict on Tuesday struck down triple talaq, terming the practice “unconstitutional". The constitution bench, headed by the Chief Justice J S Khehar, delivered a spilt verdict invalidating the practice.

“Talaq-e-biddat is manifestly arbitrary which allows a Muslim man to break down marriage whimsically,” the bench announced in a packed courtroom.“It cannot be considered as an integral part of the personal law and cannot have constitutional protection. It is against Quran and violates the Shariat,” it added.

The majority judgment came from three judges - Justice Rohinton Nariman, Justice Kurien Joseph and Justice UU Lalit. CJI JS Khehar and Justice S Abdul Nazeer wrote the minority judgment, Times of India has reported.

According to the daily, Justices Kurian Joseph and Rohinton Fali Nariman gave separate judgments against the validity of "irrevocable" divorce of instant talaq. Justice U U Lalit supported Justice Nariman's judgment, making it a majority decision.

The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked "why can't independent India get rid of it." The decision came soon after the hearing on the matter resumed on Tuesday morning. Most Islamic countries, including Pakistan and Bangladesh, have banned the practice.

During the hearing in the top court, the government had come out against the controversial practice and said it would bring a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

"The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid," Attorney General Mukul Rohatgi had told the bench. Rohatgi also conveyed that triple talaq violates Muslim women's right to equality within the community, and also within the country. (ANI)