Triple talaq invalid, against tenets of Quran, says SC in 3-2 verdict

While three judges, Justices Kurian Joseph, R F Nariman and U U Lalit, of the five-judge Supreme Court bench agreed that the practice of triple talaq should be set aside, two others, CJI J S Khehar and Justice Abdul Nazeer, were of the view that the practice was part of Muslim personal law and hence the court could not interfere.

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The Supreme Court of India (File Photo)

The Supreme Court on Tuesday “set aside” the practice of triple talaq holding it invalid.

While three judges — Justices Kurian Joseph, R F Nariman and U U Lalit — of the five-judge Constitution bench agreed that it should be set aside, two others — Chief Justice of India J S Khehar and Justice Abdul Nazeer — were of the view that the practice was part of Muslim personal law and hence the court could not interfere. The minority judgment granted six months injunction on the practice and asked Parliament to make a law to deal with it.

Disagreeing with the minority judgment, Justice Kurian said, “Triple talaq is against the tenets of the Holy Quran and hence violates Shariat… It is extremely difficult to agree with the CJI that triple talaq is integral to the practice of Islam. What is bad in Quran cannot be part of Shariah.”

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Justice Nariman said the Muslim Personal Law (Shariat) Application Act of 1937 “recognises and enforces triple talaq” and so it falls within the definition of law in force. “Triple Talaq is manifestly arbitrary” and was violative of Article 14 (the Right to Equality) and did not enjoy the protection of Article 25(1) of the Constitution, he said.

Read: BJP welcomes SC’s instant triple talaq verdict, says it protects fundamental rights of Muslim women

CJI Khehar, who delivered the minority view, said, “Triple talaq was consequent of Muslim personal law and enjoys the status of fundamental rights.” The court cannot set it aside and the appropriate way was for Parliament to make a law to deal with it, he added. “Legal interpretation is what made changes in personal laws,” the CJI said, and directed the Union of India to consider appropriate legislation particularly with regard to triple talaq.

The order was delivered after a batch of petitions by Muslim women, who were victims of the practice, were heard in the court.

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Read the full verdict by the Supreme Court on triple talaq here:

SC verdict on triple talaq by The Indian Express on Scribd

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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