SC declares Triple Talaq unconstitutional, un-Islamic

22 August, New Delhi

The Supreme Court, by majority judgement, Tuesday declared the practice of triple talaq in one go as unconstitutional.

The judgement was delivered by a five-judge bench headed by Chief Justice of India JS Khehar and comprising Justices R F Nariman, U U Lalit and Kurian Joseph and Abdul Nazir. The three judges (Mr Nariman, Mr Lalit and Mr Joseph) said that the triple talaq was unconstitutional and un-Islamic.

However, the two judges (Nazeer and Kehar) gave a dissenting judgement.

The apex court decision came on a bunch of petitions challenging the practice of triple talaq.

The bench comprised judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim. It had heard seven petitions, including five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ among Muslims. The Muslim women, who had filed the petitions, had challenged the practice of ‘triple talaq’ in which the husband pronounces ‘talaq’ thrice in one go, sometimes even by phoneor a text message, to get divorce.

The bench had taken up the main matter on its own as a petition titled “Muslim women’s quest for equality”. The apex court had on its own taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.