New Delhi: The Supreme Court bars instant triple talaq and asks Parliament to bring in a legislation on it. Instant triple talaq has so far been legal for Muslims according to the Constitution, but several Muslim women who have been divorced because of it, including on Skype and on WhatsApp, have appealed to the top court to end the practice.
The court said that instant triple talaq is injuncted or barred for a period of six months.
I appeal to all political parties to join hands and bring legislation to ban #TripleTalaq forever.— Rajat Sharma (@RajatSharmaLive) 22 August 2017
Talking to ANI, Shayara Bano (pictured alongside), the petitioner had said earlier, "I feel the judgement will be in my favour. Time has changed and a law will certainly be made."
So Supreme Court gives 'Talaq' to Triple Talaq. Initial drama made things more interesting. Muslim women eating jaleblis in Lucknow.— Rahul Kanwal (@rahulkanwal) 22 August 2017
Shayara Bano's husband divorced her by writing "talaq" three times on a piece of paper.
The verdict was delivered by a panel of five judges from different major faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
Another victim said, "If verdict comes in favour of us, then this will be the victory for those fighting against triple talaq. If in any case, the verdict comes against us, then we all women will protest because then it will be victory for exploiters not for us."
Another victim said, "We hope that the judgment will come in favour of us. We were waiting for this day since long. We want complete justice, proper punishment for the culprits and enacting of new law."
A five-judge constitution bench headed by Chief Justice J.S. Khehar had reserved its verdict on May 18 after a six-day marathon hearing.
During the hearing, the Centre had assured the apex court that it would come out with 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 told the bench.
Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women's right to equality within the community, and also within the country.
If our SC wanted Govt to make law over #TripleTalaq then Why they wasted so much time on Dates & Hearings? They could tell this on first day— Anshul Saxena (@AskAnshul) 22 August 2017
Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.
The Attorney General and top law officers representing the Central government told the five judge Constitution bench that apex court should hear other cases also, besides triple talaq.
However, the top court said that they have limited time, so all the matters could not be covered at present.
The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.
However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that Triple Talaq is a matter that comes under the Muslim Personal Law Board and therefore, in his opinion, the top court should not interfere in it.
SC verdict striking down #TripleTalaq as unconstitutional is victory for gender justice & defeat for religious bigotry exemplified by AIMPLB— Minhaz Merchant (@MinhazMerchant) 22 August 2017
While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court observed that it would examine whether the issue is fundamental to religion or not.
Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim Personal Law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.
Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of 'Personal Law'.
In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional"