Supreme Court Declared ‘Triple talaq’ is unconstitutional in India– The day 22nd August 2017 inked as a golden day in history for Muslim women. The Supreme Court on Tuesday said ‘Triple Talaq’ is not protected by Article 25 (freedom of religion) of the Constitution.
The five-judge Bench which is headed by CJI JS Khehar pronounced triple talaq unconstitutional in his judgment with a majority of 3:2. Out of five judges Justice Kurian Joseph, RF Nariman and UU Lalit found that triple talaq is a violation of the Constitution. Judges Justice RF Nariman and Justices Kurian Joseph gave different judgments on the validity of triple talaq. Justice UU Lalit supported Justice Nariman’s judgment. At same time CJI JS Khehar and Justice S Abdul Nazeer were in favour to hold this practice for next six months and asked the central government to come up with a new law in this regard.
The Supreme Court found ‘instant talaq’ or ‘triple talaq’ to get divorce for Muslim man among Muslim community is a not desirable form to get divorce and it is illegal & unconstitutional. It is against the basic tenets of Quran.
Prime Minister Narendra Modi tweeted “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.”
BJP chief Amit Shah tweeted “It is historic judgment on triple talaq by SC. Judgment itself marks the beginning of a new era of pride and equality for Muslim women.”
Finance Minister Arun Jaitley tweeted “The Supreme Court judgment in the triple talaq case undoes the injustice to Muslim women who were victims of a unilateral termination of a matrimonial relationship.”
Ranjeet Surjewala said “Congress welcomes the verdict.”
Kiran Bedi, Puducherry Governor, tweeted, “Apex Court is directing the Legislature to do what it should have done long ago i.e. undo the injustice that Muslim Women have been suffering.”
Uttar Pradesh Chief Minister Yogi Adityanath, BSP Leader Mayawati and other party leaders welcomes the Supreme Court Verdict.
The Five-Judge bench has judges from different religious communities. CJI J S Khehar belongs to Sikh community and 44th Chief Justice of India, Justice S Abdul Nazeer belongs to Muslim community, Justice R F Nariman belongs to parsi community and served as Solicitor General of India during 2011-2013 , Justice Kurian Joseph belongs to Christian community and Justice Uday U Lalit belongs to Hindu community and a criminal lawyer.
In a report Justice Uday U Lalit will be a direct appointee who is becoming Chief Justice of India. Justice Uday U Lalit will become the CJI on August 26, 2022 and continue to remain so till November 8, 2022. It will be noted down in history of Supreme Court of India
It is noted that Justice S Abdul Nazeer is part of the bench that is hearing the vexed Ramjanmabhoomi-Babri Masjid dispute and he is also part of the 9 judge constitutional bench formed by union government that has reserved its judgment on whether the right to privacy can be considered a fundamental right under the Indian Constitution.