Supreme Court Upholds Triple Talaq Pratice

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New Delhi: A 5-judge Supreme Court bench has upheld the controversial Triple Talaq practice, asking the Union Government to bring legislation in six months. The apex court Court has put a six-month stay on the practice, asking Parliament to enact a law within the given time period.

The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.

The Chief Justice J.S. Khehar pronounced the verdict, while pronouncing the judgement, said, “Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution.”

The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding ‘talaq-e-iddat.’

The top court has asked the government to bring the legislation within six months. CJI Khehar said that all parties must decide keeping politics aside.

The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.

During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

“The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid,” Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women’s right to equality within the community, and also within the country

Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.

The Attorney General and top law officers representing the Central government told the five judge Constitution bench that apex court should hear other cases also, besides Triple Talaq.

However, the top court said that they have limited time, so all the matters could not be covered at present.

The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.

Various petitioners had knocked the doors of the apex court seeking to strike down triple talaq.

While on May 22, the All Indian Muslim Personal Law Board (AIMPLB) filed an affidavit in the Supreme Court and said it would advise the Qazis to tell the brides and grooms to not resort to “triple talaq in one sitting.”

The All India Muslim Personal Law Board (AIMPLB) told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in ‘nikahnama’. The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high ‘mehr’ amount in case of talaq.

The board’s reply came after CJI J.S. Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.

The board also showed the court a resolution passed on April 14, 2017 which stated triple talaq as a sin and that the community should boycott the person doing such an act. While Sibal earlier said the apex court should not decide or interfere in one’s faith and belief.

 

The practice of triple talaq has been subject to contending arguments. Some Muslim groups see the issue as a matter of religious right while others, including the Centre, term it unconstitutional.

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