Decoding the SC judgement on Triple Talaq, what it means
| Aug. 22, 2017, 11:53 a.m.
New Delhi: The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".
A five judge constitutional bench by a 3:2 majority judgment said there is no constitutional protection for triple talaq.
Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.
Khehar in his judgement urged parliament to pass a law to deal with the issue.
He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
CJI J S Khehar said that Talaq-e-biddat is not in violation of articles 14,15,21 and 25 of the constitution. He said Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years. SC has asked govt to bring legislation within 6 months. CJI Khehar said that all parties must decide keeping politics aside.
Supreme Court won't interfere in Triple Talaq and passes the ball to the Parliament. There is an injunction on Triple Talaq till legislation. CJI Khehar upheld TripleTalaq practice, asked Union Government to bring legislation in 6 months. Justice Nariman,Lalit and Kurien say TripleTalaq is unconstitutional, oppose view of Justice Nazir and CJI Khehar.