Advertisement

Will Uniform Civil Code Become Reality After Supreme Court’s Verdict Against Triple Talaq?

author image
Updated: 5:49 pm 22 Aug, 2017

Advertisement

In a landmark verdict on Tuesday, the Supreme Court struck down triple talaq and gave the government six months to bring in a legislation to ban the practice of divorcing wives in this manner.

 

triple-talaq

 

Terming the practice, “void” and “illegal”, a five-judge bench ruled 3:2 in favor of quashing the practice.

This is what the Supreme Court said:

This being the case, it is clear that this form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the 393 fundamental right contained under Article 14 of the Constitution of India.

Two of the judges who were not in favor of barring triple talaq were Justice J.S. Khehar, who is also the Chief Justice of India, and Justice Abdul Nazeer.

It should be noted that the judgement was on ‘talaq-e-biddat’ or triple talaq in a single sitting.

Passing the verdict, the bench noted that the practice is “retrograde and unworthy” and violates Article 14 of the Indian Constitution which is about right to equality.

The apex court also noted that the practice is illegal in Islamic countries.

The All India Muslim Personal Law Board (AIMPLB) is, obviously, not happy with the verdict.

But the Shia Muslim Personal Law Board welcomed the verdict.

Even the Prime Minister welcomed the verdict.

Now that the court has ruled it illegal, what next?

The onus is on the government. Some are of the opinion that this verdict will help pave the way for the Uniform Civil Code, which will actually ensure that the law of the land is above any religion-based law and greatly empower women.

The SC has asked the Modi government to pass a law effectively banning the practice. To pass any law, the government will have to introduce a bill in the Parliament, which, if approved by both the Houses, will become a law.

To ensure that any bill calling for a ban on triple talaq becomes a law, there must be at least two-third members in each House who will vote on the bill. If the bill passes through with a majority, triple talaq will be banned forever.

The problem is that the Congress and some other parties may not be too happy to go against the AIMPLB and their vote banks.

But if the government fails to bring in a law, or the Uniform Civil Code, the verdict of the Supreme Court shall remain in force.

Of course, Twitterati unanimously hailed the verdict:

 

 

Taslima Nasreen, however, also pointed at a major need for reform for the upliftment of Muslim women.

Advertisement