Updated: August 22, 2017 6:11:48 pm
The Supreme Court on Tuesday set aside the practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution. 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.
During the hearings, the court had clarified that it would only deliberate whether the practice of ‘triple talaq’ is part of an “enforceable” fundamental right to practice religion among Muslims and not on the practice of polygamy. The bench, which includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, while deliberating the issue, heard several pleas filed by Muslim women who had challenged the practice of instant triple talaq, where a man divorces his wife by pronouncing the word ‘talaq’ thrice.
Triple talaq verdict LIVE updates from Supreme Court:
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5:55 pm: Hailing Supreme Court’s verdict holding the practice of divorce through triple talaq among Muslims as “unconstitutional”, the CPI(M) also asked the government to show ” political will” towards women’s reservation bill. Many activists from the Muslium communtity also welcomed the verdict and termed this as “one of the best reforms” in the country after independence.
5:37 pm: RSS affiliated Muslim Rashtriya Manch (MRM) patron-in-chief, Indresh Kumar termed today’s SC verdict on triple talaq as historic. He said, “it had shut the mouths of Islamic fundamentalists” and a proper law should be framed for it. He also added that women and children affected by such talaqs should be facilitated with special centres so that can be self-dependent. “Today is a historic day for the country and especially for the women. The Supreme Court has today resolved the biggest social problem of nine crore Indian Muslim women by pronouncing judgment on the issue of triple talaq,” he said.
4:12 pm: Union minister Arun Jaitley hailed the historic verdict on triple talaq and said, “Supreme Court’s judgment is a victory for all who believed personal laws must also be progressive and complainant with constitutional guarantees.”
4:07 pm: ” BSP welcomes the triple talaq verdict but it would have been better if the Muslim Personal law board had taken the initiative and looked into the proceedings,” criticised BSP Chief Mayawati.
4:00 pm: As the Supreme Court today set aside the practice of divorce through instant triple talaq, the Nationalist Congress Party claimed that the government is trying to use “judiciary as a shield” on the issue. The Party also suggested that a law could be enacted on triple talaq on the suggestions based parties.
3:50 pm: “This decision by Supreme Court will help empower women and develop patience in them. Now women will not tolerate inequality as this verdict will greatly impact women,” he added. (Yeh faisla mahilaon ko samta aur shashaktikaran ka bodh karayega. Ab mahilayen nabarabari svikaar nahi karengi.Aaj humein andaza nahi ki iss faisle ka kitna vyapak prabhav padne wala hai)
3:45 pm: Former Union minister Arif M Khan welcomed the verdict on triple talaq and said it’s a historic decision, the result will not be just restricted to triple talaq. “Yeh zabardast faisla hai, iske parinaam sirf teen talaq tak semit nahi rahenge,” he said.
3:25 pm: Senior BJP leader Sushil Kumar Modi compared the Supreme Court’s verdict on triple talaq to Sati Pratha ban in 1829 in British India. He had earlier, questioned the silence of Nitish Kumar and Lalu Prasad on the raging issue of Triple talaq when the Allahabad High Court observed that “triple talaq is cruelty against Muslim women”.
3:15 pm: The working committee of the All India Muslim Personal Law Board (AIMPLB) will hold its first meeting to take a decision on the further course of action regarding the Supreme Court’s verdict on triple talaq on September 10, in Bhopal, said, Zafaryab Jilani member of the AIMPLB.
2:44 pm: “It’s a historic decision. The Prime Minister and our government have been sensitive to Muslim women’s concerns. Government has, through a number of affidavits, have taken their side,” BJP national spokesperson Shahnawaz Hussain said. “It’s illegal now. It was a big battle. There is no need for a legislation. That has always been illegal and the Supreme Court has declared it illegal,” he added.
2:34 pm: Additional Solicitor General Pinky Anand, ho was part of the central government’s legal team led by former Attorney General Mukul Rohatgi, said the verdict “speaks volume about the progress of the nation.” She added, “I think it (judgment) heralds good things for the country and its citizens. We have been able to deal with the malpractice and degrading practice and cast them away with the taint.”
2:28 pm: “I am very happy, it is a good judgement. Now discrimination due to triple talaq will end,” Former Attorney General Soli Sorabjee said after the SC’s verdict.
2:20 pm: “The Supreme Court decision is historic, it is the victory of women in the country. But more than that, it is the victory of Islam,” said President of the All India Muslim Women Personal Law Board Shaista Amber, who has been fighting for the rights of Muslim women. “We hope that triple talaq will be banned once and for all in times to come.”
2:18 pm: Uttar Pradesh Chief Minister Yogi Adityanath while welcoming the verdict said that it would have been great had it been a consensus judgment by the bench. Calling it a start of justice for women, he said, “You cannot deprive anyone from justice for long. This is a milestone for women empowerment.”
2: 10 pm: Asaduddin Owaisi, President of All India Majlis-e-Ittehadul Muslimeen said, “We have to respect the judgement. It is going to be a great Herculean task to implement this on ground.”
2:08 pm: Law Minister Ravi Shankar Prasad calls the verdict a victory of the constitutional values.
— ANI (@ANI) August 22, 2017
2:06 pm: BJP MP Subramanian Swamy welcoming the decision said, “Chief Justice has given an astute order; Stayed Triple Talaq for six months and asked Parliament to get off its backsides and legislate.” “Big day for muslim women. Salute their courageousness, their fearlessness and even their ostracisation. They have stood for real reform and we must salute them and stand by them,” he added.
2:05 pm: “We welcome the Supreme Court verdict on triple talaq and urge the central government to enact a law soon. Traditions like Triple Talaq are like mental and social harrassment of our sisters and daughters and are an impediment in the progress of modern Indian society,” Madhya Pradesh Chief Minister Shivraj Singh Chouhan said.
2:03 pm: BJP Chief Amit Shah described the judgment as the “beginning of a new epoch for women to live with self-respect.” He said,”We welcome the verdict. The Supreme Court has given a historic decision. This verdict has given the right to crores of women to live with equality and dignity.” Read: SC decision on triple talaq historic, beginning of new epoch for women, says BJP President Amit Shah. Click here
1:48 pm: Taking to Twitter, PM Modi called the verdict historic. He also said, that the judgment grants equality to Muslim women and is a powerful measure for women empowerment. Read | Supreme Court ruling on triple talaq grants equality to Muslim women: PM Modi. Click here
Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.
1:45 pm: Union Minister for Women and Child Welfare Maneka Gandhi welcomed the verdict and said, “It’s a good judgement and its another step towards gender justice and gender equality.”
1:40 pm: “We hail the judgement, it protects personal laws and at the same time deprecates the practice of Triple Talaq,” former law minister Kapil Sibal said.
1.25 pm: Read the entire verdict by the Supreme Court on the controversial practice of triple talaq within the Muslim community here:
1.20 pm: Former Attorney General Mukul Rohatgi said, “I can say with satisfaction this was the last case which I did before I decided to quit,” reported ANI. During the hearing in court, he had told the five-judge bench that the government would introduce new laws for the Muslim community in the case that the triple talaq practice was deemed invalid.
1.15 pm: Former Union Minister Salman Khurshid reacted saying, “What we hoped to happen has now happened, it is a good decision.” He was allowed by the SC to assist it as amicus curiae. During the hearing, he had told the SC that instant triple talaq “cannot be justified or given legal validity”. Who said what on Supreme Court ruling
1.05 pm: The BJP, too, has responded to the verdict, saying it will protect the fundamental rights of Muslim women. Speaking to The Indian Express, general secretary of the BJP Bhupender Yadav, said, “It’s a welcome step. It was a long-awaited demand of Muslim women to live their life with dignity. The judgment definitely protect their fundamental rights which is identified in the constitution.” Click here for his entire statement.
1.00 pm: The Congress has welcomed the Supreme Court’s verdict on triple talaq. Congress leader Manish Tewari, speaking to The Indian Express, said, “The Supreme Court decision striking down triple talaq 3:2 is a progressive decision which all right thinking people must welcome.” Read more here.
12.50 pm: In reaction to the verdict, the main petitioner, Shayara Bano, said, “I welcome and support the judgment of the apex court. It’s a historic day for Muslim women.”
11.20 am: “Extremely difficult to agree with CJI that Triple Talaq is integral to practise of Islam,” Justice Kurian said, while delivering his verdict. Justice Kurian added that triple talaq was against the tenets of Holy Quran and hence violates Shariat law.
10.40 am: Two judges ( Justice Nariman and Justice Lalit) set it aside terming it unconstitutional, Justice Joseph set it aside on ground that it is against the teachings of Quran. CJI JS Khehar and Justice Abdul Nazeer backed triple talaq. “Triple talaq was part of Muslim personal law and hence enjoys status of fundamental rights,” said CJI Khehar. CJI wanted Parliament to bring about a law to deal with triple talaq.
The initial confusion about the verdict happened after CJI Khehar, who read his part first, said triple talaq can’t be struck down as unconstitutional and asked Parliament to make law.
10.37 am: The judges have assembled, and the verdict is expected any time now.
10.22 am: In an opinion column in The Indian Express, Pratap Bhanu Mehta had written: “The “triple talaq” hearing is an opportunity for the Supreme Court to finally remove some jurisprudential cobwebs that have enveloped constitutional secularism in India. The court has a wonderful opportunity to undo this constitutional nonsense. This nonsense also created a distorted politics of secularism.” You can read his entire piece titled ‘Religious practice cannot trump modern constitutional morality’ here.
Mehta is president, CPR Delhi and contributing editor of The Indian Express.
10.17 am: “It is a big day, let us see what the judgment says,” former AG Mukul Rohatgi is quoted as saying by ANI. During the hearing, he had told the bench that the government would introduce new laws for the Muslim community if it upholds the practice of triple talaq as invalid.
10.15 am: If you recall, during his Independence Day speech, Prime Minister Narendra Modi had praised the campaign by some women against triple talaq. He had said: “I would like to honour those sisters who have been forced to lead a very difficult life due to triple talaq. There is no recourse for them, and such victims of triple talaq have launched a massive movement in the country. They shook the conscience of the intellectual class of the country, the media of the country also helped them and a movement against triple talaq was started in the country.”
10.10 am: During the hearing, the Supreme Court had described the practice of triple talaq as the “worst”, and “not a desirable” form to dissolve a marriage. Last December, the Allahabad High Court too had called the practice “unconstitutional”, adding that a person’s rights cannot be violated in the name of “personal law”.
10.05 am: In an opinion column in The Indian Express today, A. Faizur Rahman writes: “The presumptions here are: Reform in Muslim societies is possible only if the Quran is not considered a divine book, and Islamic reform means a rejection of Quranic verses that are “bad”. The second presumption is, in fact, based on the premise that there are bad verses in the Quran. A little reflection would reveal that scriptural content and its authorship are different issues.” Read his argument here.
Rahman is an independent researcher and secretary general of the Chennai-based Islamic Forum for the Promotion of Moderate Thought.
10.00 am: The case is being heard by a five-member bench of justices. Led by CJI J S Khehar, it includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer. Each of the judges are from different religious communities — Sikh Christian, Parsi, Hindu and Muslim. They have heard seven petitions, including the five by different Muslim women.
9.57 am: If you’re just joining us, here’s a live blog of the Supreme Court’s verdict on triple talaq, which is expected to be delivered at 10.30 am this morning. The apex court will examine whether the practice within the Muslim community is an “enforceable” fundamental right to practice religion.
9.55 am: Ahead of the verdict, Shayara Bano, the main petitioner in the case, told ANI, “I feel the judgment will be in my favour. Time has changed and a law will certainly be made.”
9.44 am: During the hearing on triple talaq, former Attorney General Mukul Rohtagi had assured the top court that the Centre will come up with a new law to enable Muslims to file for divorce, in the case that all forms of the practice are declared unconstitutional. In its stand, the Centre had declared the practice as “extra-judicious” and “discriminatory”. What is instant triple talaq?
9.42 am: There are six petitioners in the triple talaq case. Five women, Shayara Bano, Ishrat Jahan, Gulshan Parween, Aafreen Rehman, and Atiya Sabri along with the Bharatiya Muslim Mahila Andolan (BMMA), had filed approached the Supreme Court on the controversial issue. You can read about the petitioners and their arguments here.
9.40 am: Here’s a quick run-down of what we can expect today. The Supreme Court, which began hearing petitions challenging the constitutional validity of triple talaq — an instance divorce practice — in May will pronounce its verdict today. A bench of five judges, led by the CJI, is expected to deliver this verdict at 10.30 am. There were six petitions filed, which argued that the practice was “unlawful and unconstitutional”.
8.20 am: There are six petitions before the Supreme Court. The main plea has been filed by Uttarakhand-based Shayara Bano, whose husband of 15 years divorced her by pronounced triple talaq. In her petition, Bano contended that “the Muslim husband’s right to ask for divorce by uttering talaq three times in a row is completely unilateral, unguided, absolute and has no rationale. It cannot be identified with Muslim culture and is not part of Muslim law. So it is not part of religion and hence not part of the right to practice or propagate religion and deserves no protection.”
7.45 am: The court will give its judgment on the triple talaq case at 10:30 am.
(With inputs from agencies)
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