With the Supreme Court declaring triple talaq as unconstitutional, the VHP on Tuesday said the government should enact a law against the practice and also bring a legislation to ban more than two children. VHP’s international working president Pravin Togadia Togadia said the government should enact a law against triple talaq to ensure justice to muslim women and to the nation’s tax payers.
A law should also be drafted for banning more than two children and ushering in the common civil code, he added in a statement. The Supreme Court, by a majority verdict, Tuesday set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
The apex court held that the triple talaq was against the basic tenets of Quran. “In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq — is set aside,” a five-judge constitution bench said in a 395-page 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.