Instant triple talaq invalid, rules Supreme Court in 3:2 verdict

The bench, which read out separate verdicts, ruled 3:2 against the controversial practice, also known as talaq-e-bidat. While CJI Khehar and Justice S Abdul Nazeer upheld the practice of triple talaq, Justices Kurian Joseph, R F Nariman and U U Lalit held that the practice needs to be abolished. 

By: Express Web Desk | New Delhi | Updated: August 22, 2017 5:07 pm
Triple Talaq, Triple Talaq verdict, Supreme Court Triple Talaq, Triple Talaq judgment The Supreme Court of India (File Photo)

A five-judge bench of the Supreme Court on Tuesday in a split verdict ruled that the practice of instant triple talaq in the Muslim community is invalid. The bench, headed by Chief Justice of India J S Khehar, set aside the practice by a majority of 3:2.

While CJI Khehar and Justice S Abdul Nazeer upheld the practice of triple talaq, Justices Kurian Joseph, R F Nariman and U U Lalit held that the practice needs to be abolished.

CJI Khehar ruled that triple talaq enjoys the status of fundamental rights as it is a part of Muslim personal law. He was in favour of putting the practice aside for a period of six months allowing Parliament to legislate on it. CJI Khehar and Justice Nazeer, in their minority verdict, asked political parties to set aside their differences and introduce a new law on the practice, taking into account concerns of Muslim bodies and the Sharia law.

Read LIVE updates here

Meanwhile, Justices Joseph, Nariman and Lalit said that triple talaq must be struck down as it goes against the constitution and is unacceptable. Justice Kurian ruled that triple talaq goes against the tenets of the Quran, and hence violates Shariat law. “It is extremely difficult to agree with the CJI that triple talaq is integral to the practice of Islam,” he said. Justice Nariman and Justice Lalit set it aside, terming it invalid.

In reaction to the verdict, Shayara Bano, the main petitioner said, “I welcome and support the judgment. It is a historic day for Muslim women. In the Muslim community, the condition of women needs to be understood. This judgment needs to be accepted and the law must be made as soon as possible,” reported ANI.

Union Minister for Women and Child Development said, “It is a good judgment and its another step towards gender justice and gender equality.” Read: BJP says SC’s verdict will protect fundamental rights of Muslim women

Former Union Minister Salman Khurshid, who was allowed by the court to assist it as amicus curiae, said, “What we hoped to happen has now happened, it is a good decision.” During the hearing, he had told the Supreme Court that instant triple talaq “cannot be justified or given legal validity”.

Read: Congress welcomes Supreme Court ruling, calls it ‘progressive decision’

The Supreme Court, which began hearing petitions challenging the practice on May 11, had reserved its verdict on May 18, six days after the marathon hearing. Six Muslim women petitioners had argued that it was “unlawful and unconstitutional”. During the hearing, the court had observed that it would examine whether the practice within the Muslim community is an “enforceable” fundamental right to practice religion.

Read the Supreme Court’s verdict on triple talaq here:

SC verdict on triple talaq by The Indian Express on Scribd

(With inputs from agencies)

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  1. G
    George Cruz
    Aug 22, 2017 at 7:10 pm
    Afterall, India is democratic secular country and this 7th century Islamic practice of instant triple talaq in the Muslim community which treats women as dirt should have barred long time ago. This triple talaq allowed majority of the illiterate allowed men to keep women as slaves, rape women as young as eight years, old, and has no place in democratic India. The corrupt/communal congress is not bothered to help the Muslim women other than their vote bank. The majority of the illiterate/ ic Muslim men in India want this triple talaq because they can have multiple women (in some cases more than six women) as slaves and rape them at will.
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    1. M
      Murthy
      Aug 23, 2017 at 6:54 am
      Yes, indeed, I agree, brother......
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    2. N
      Niks
      Aug 22, 2017 at 6:56 pm
      While this verdict is set path for the progressive community, it is still to be noted that it was with 3:2 majority of SC judges, 2 of the 5 judges are still not convinced ..
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      1. A
        Am.I.Right
        Aug 22, 2017 at 5:42 pm
        SC HAS BECOME THE P-E -N -I -S OF BRAHMIN DOGS! SC JUDGES LIKE DIPAK MISHRA VOLUNTEERED TO BE USED AS BJP's MF AND SO GOT HIS ELEVATION TO THIEF JUSTICE OF INDIA. SC GOES INE STEP AHEAD OF RSS AND ORDERS NIA PROBE ON A SIMPLE MARRIAGE BETWEEN A MUSLIM AND A HINDU GIRL IN KERALA TO FOOL HINDUS THAT BRAHMINS SCOUNDRELS ARE THE PROTECTORS OF HINDUS. SC IS THE P-E-N-I-S OF BRAHMIN RSS.
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        1. A
          ak dev
          Aug 22, 2017 at 6:09 pm
          Damage to your brain is beyond repair. Your place is with mad d o gs of Pa kistan.
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          1. M
            Murthy
            Aug 23, 2017 at 6:58 am
            Amazing that you too qualify as a homo sapience....with some bottom parts perched deep inside your medulla oblongata.... what a malformation
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          2. A
            ak dev
            Aug 22, 2017 at 5:36 pm
            Islam is the most backward religion.
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            1. A
              ak dev
              Aug 22, 2017 at 5:38 pm
              Today Islam is responsible to violence is most countries with Muslim as well as non-Muslims majority.
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              1. A
                ak dev
                Aug 22, 2017 at 5:39 pm
                Islam shuts the logical thinking of it's followers. Islam turns humans into animals.
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                1. A
                  ak dev
                  Aug 22, 2017 at 6:00 pm
                  Quran is just a collection of dictates created by the 6th century rulers of Saudi Arabia. Sharia is the civil law of 6th century rulers. Allah has nothing to do with Quran.
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                  ak dev
                  Aug 22, 2017 at 5:43 pm
                  Muslim women are worst sufferers of the 6th century practices of Islam. They have done commendable job of challenging the Muslim men. All Indians are with the Muslim women in their fight of 21st century life.
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                  1. A
                    ak dev
                    Aug 22, 2017 at 5:47 pm
                    Anti-India Islamists that include sickulars as well would try their best to create unrest in India. The patriot Muslims and all others should be ready to break their ugly face.
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                      ak dev
                      Aug 22, 2017 at 5:52 pm
                      This SC judgment provides another opportunity to patriot Muslims to identify the traitors of Islam who are funded to destroy the real Indian Islam that lived peacefully with Hindus.
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                        ak dev
                        Aug 22, 2017 at 5:55 pm
                        Patriot Muslims should take this opportunity to unleash other reforms such as madarsa education. Millions of Muslim children are deprived of secular and scientific education. That should stop now.
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                      2. K
                        KLM
                        Aug 22, 2017 at 5:34 pm
                        What Brahmin Jihadists Party is impotent to achieve by itself, they use judicial henchmen Supreme Court to achieve. A typical Brahmin trait-use proxies for giving birth.
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