Triple Talaq unconstitutional, says SC in landmark judgement

Nikah Halala

New Delhi: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect.

The Supreme Court today struck down instant triple talaq while asking Parliament to bring in a law within the next six months.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

The Supreme Court bench in a 3:2 verdict said that triple talaq is unconstitutional and violative of Articles 14 and 15.

The Supreme Court has also asked political parties to keep their differences aside and help Centre in bringing out a law on instant triple talaq. It also expressed hope the Centre would take into account concerns of Muslim bodies and Sharia law while enacting a law.

Triple talaq , or verbal divorce, is practiced by some in the Muslim community to instantly divorce their wives by saying talaq three times.

In February this year, the SC said a Constitution bench would be set up to hear and decide on whether ‘triple talaq’, the oral divorce practice some Muslims follow, is constitutionally valid. The bench reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

Shayara Bano, a 35-year-old woman, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. Petitions of four other Muslim women – Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri – were tagged with Bano’s plea.


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