SC imposes ban on’ triple talq’ for 6 months

New Delhi: The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as “unconstitutional”, “arbitrary” and “not part of Islam”.
A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.
Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.
Khehar in his judgement urged parliament to pass a law to deal with the issue.
He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
Meanwhile Prime Minister Narendra Modi has hailed as “historic” the Supreme Court ruling on triple talaq and said it grants equality to Muslim women.
“Judgment … is historic. It grants equality to Muslim women and is a powerful measure for women empowerment,” Modi tweeted.
The Supreme Court by a 3:2 majority judgment held triple talaq being practised by the Muslim community as “unconstitutional”, “arbitrary” and “not part of Islam”.
The central government commanded and controlled by Prime Minister Narendra Modi virtually ruled out the need for a new law on instant triple talaq, which has been rendered as unconstitutional by the Supreme Court, indicating that existing laws, including the one dealing with domestic violence, were sufficient.
“The Government will consider the issue in a structured manner. A prima facie reading of the judgement makes it clear that the majority (of the five-member bench) has held it (instant triple talaq) as unconstitutional and illegal,” Law Minister Ravi Shankar Prasad said.
Hailing it as a “great victory” for those who believe that personal laws must be progressive, Finance Minister Arun Jaitley said the verdict is the law of the land now.He also said many parts of the Islamic world have rejected the triple talaq practice.