Supreme Court stays instant triple talaq for 6 months, asks Parliament to bring legislation

Source : SIFY
Last Updated: Tue, Aug 22, 2017 12:24 hrs

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.

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."

Shayara Bano's husband divorced her by writing "talaq" three times on a piece of paper.

Read: Triple talaq: Why is Muslim Law Board being misogynist?

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.

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.

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"