The Landmark Judgment of Indian Supreme Court on 'Triple Talaq'

23 August, 2017, 00:39 | Author: Alicia Barber
  • Shayara Bano at her house in Haldwani Uttarakhand

Meanwhile, the SC bench has asked Parliament to make a new law on triple talaq issue in six months.

The Supreme Court on Tuesday pronounced its verdict on the controversial triple talaq practice terming it "unconstitutional". The "triple talaq" was also legal in Indian civil codes, but it had ruined the lives of many women.

It had said that all personal laws must be in conformity with the Constitution and rights of marriage, divorce, property and succession has to be treated in the same class and has to be in conformity with the Constitution.

CPI (M): "Polit Bureau of the CPI (M) welcomes the SC verdict treating arbitrary and instant triple talaq as unconstitutional". Simultaneously, political parties were asked to help the Center to bring a law bypassing their differences.

The government must now amend portions of India's Muslim personal law that allows the practice. While NDA government opposed the practices such as triple talaq violate fundamental rights of women.

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The petitioners who approached the Supreme Court for the case are Shayara Bano, Ishrat Jahan, Gulshan Parween, Aafreen Rehman, and Atiya Sabri, along with the Bharatiya Muslim Mahila Andolan (BMMA).

Finance Minister Arun Jaitley on Monday hailed the Supreme Court verdict on triple talaq as "progressive" and said efforts should be made to rectify "aberrations" in personal laws that infringe on constitutional guarantees.

India's right-wing government is considered to be largely in favor of banning triple talaq. "This is the demand of ordinary Muslim women for over 70 years and it's time for this country to hear their voices", activist Feroze Mithiborwala told New Delhi television station. The verdict in this context by the Supreme Court has put in place more complex situations in the future. The ruling has upheld the right to equality, dignity of Muslim women. It is a historic day for Muslim women.

"We are directing the Union of India to consider appropriate legislation in this regard", Justice J.S. Khehar said while announcing a six-month suspension on the practice of the divorce law.

The bench had reserved its verdict on May 18 after the six-day marathon hearing concluded during the summer vacation. "We hope that triple talaq will be banned once and forall in times to come", she said, adding it causes immensehardships to Muslim women even though "there is no provisionof triple talaq in Islam".

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