The Supreme Court gave a verdict in the triple talaq case on Tuesday.
The five-judge bench of the apex court that was headed by Justice JS Khehar has declared that triple talaq is unconstitutional. The five judges from the five faiths in the nation – Hinduism, Islam, Sikhism, Christianity, and Zoroastrianism, said that triple talaq is illegal and sinful.
The bench said,
Triple talaq is not integral to religious practice and violates constitutional morality. What is sinful under religion cannot be valid under law.
The bench took this verdict after hearing seven petitions filed by Muslim women which challenged the 1500-year-old practice. The petition was also filed by a Muslim woman who was given divorce over a message on WhatsApp.
The 3:2 ratio judgment by Justices Kurien Joseph, Justice Rohington Nariman and UU Lalit, mentioned,
Trriple Talaq may be a permissible practice but it retrograde and unworthy. Since triple talaq is instant it is irrevocable and the marital tie gets broken. It is violative of Article 14, the right to equality.
However, Chief Justice Khekar and Justice Abdul Nazeer differed in the opinion and said that while triple talaq could be sinful, the court cannot interfere in the personal laws which have a status of fundamental right under the constitution. They also said that the parliament must bring in a law to end this practice.
While the rest of the nation is rejoicing at this landmark judgement, the Maulvis are not ready to accept the verdict. They said that they will first read the judgement and appeal against it.