No need for new law on instant triple talaq; SC verdict sufficient, says Govt

The Centre is also all set to send an advisory to all states asking them to ensure compliance of the Supreme Court order. A home ministry spokesperson said the ministry will be asking the state governments to take appropriate action and ensure compliance of the SC order.

By: PTI | New Delhi | Published: August 22, 2017 10:06 pm
triple talaq, instant triple talaq, triple talaq verdict, india, indian express news The Centre is also all set to send an advisory to all states asking them to ensure compliance of the Supreme Court order.

The government today virtually ruled out the need for a new law on instant triple talaq, which has been rendered as unconstitutional by the Supreme Court, indicating that existing laws, including the one dealing with domestic violence, were sufficient.

“The government will consider the issue in a structured manner. A prima facie reading of the judgement makes it clear that the majority (of the five-member bench) has held it (instant triple talaq) as unconstitutional and illegal,” Law Minister Ravi Shankar Prasad said.

Hailing it as a “great victory” for those who believe that personal laws must be progressive, Finance Minister Arun Jaitley said the verdict is the law of the land now. He also said many parts of the Islamic world have rejected the triple talaq practice.

Asked how the SC verdict striking down the practice of triple talaq would be implemented and why a statute is not necessary for the order’s enforcement, a senior government functionary explained that a marriage will not be annulled if the husband resorts to instant triple talaq.

“After the Supreme Court order, if a husband gives instant triple talaq, it will not be considered valid. His obligation towards the marriage will remain… The wife is also free to drag such a person to police and file a complaint of harassment or domestic violence,” the functionary said, indicating penal provisions are present to check the practice.

The Centre is also all set to send an advisory to all states asking them to ensure compliance of the Supreme Court order. A home ministry spokesperson said the ministry will be asking the state governments to take appropriate action and ensure compliance of the Supreme Court order.

While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution.

The majority verdict said any practice including triple talaq which is against the tenets of Quran is unacceptable. The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.

The minority verdict by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practise of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation.

The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.

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  1. Kushal Kumar
    Aug 24, 2017 at 5:40 am
    Without going into more details , it can be said that the judgement has heralded a new chapter in the lives of Muslim women of India. Readers may like to know this Vedic astrology writer’s prophesy for women in India during April to July and nearby in 2017, in article “ 2017 - an opportune year for India with major worrisome concerns in February –March and August-September” issued widely to Indian news media last year in October and November 2016. Reproducing the text from the article here : - “ Both these parts from April to December present opportunities and realization of those opportunities to an extent. But the last five months appear to be comparatively not as opportune as April to July or nearby. Certain encouraging or positive things could likely take shape in national scene. WOMEN HAVE SOMETHING FOR THEM TO CHEER UP”. So the prediction has been precisely accurate and meaningful.
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      Gopal
      Aug 23, 2017 at 12:24 am
      We need to pass a law as well to ensure that no longer will such reprehensible practices be protected under the guise of minority rights. The next order of business is polygamy that should also be outlawed.
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