NEW DELHI: The Supreme Court with 3:2 majority struck down Triple Talaq in one sitting, practiced by a section of Muslim Community and declared it as void. Split decision of a 5 member bench was delivered today in which three Judges opposed while two Judges favored Triple Talaq.
Justice Nariman, Justice Kurian and Justice Lalit described Triple Talaq as against the teachings of Islam, lacks approval of Sharia and is in violation of Constitution of India. However Chief Justice of India Khehar upheld the practice and said Talaq-e-Bida’at does not violate Articles 14-15-21 and 25 of the Constitution.
Justice S. Abdul Nazir also joined CJI Khehar in the minority decision, when he said that Triple Talaq is integral to Islamic practice and enjoys constitutional protection.
The Five judges of Supreme Court which heard the petition belonged to five different communities:
They are : (1) Chief Justice J S Khehar – Sikh (2) Justice Kurian Joseph – Christian
(3) Justice R F Nariman –Parsi (4) Justice U U Lalit – Hindu (5) Justice Abdul Nazeer – Muslim
The SC stayed practice of Triple Talaq for six months. CJI Khehar asked the Central Government to pass a law in the Parliament to deal with this issue. He appealed to all parties to keep politics aside in dealing with this issue. If the Parliament fails to make a law in the six months, the stay will continue further.
The petition was filed by Shayara Banu and Aafreen Rehman. Balaji Srinivasan, the lawyer of petitioner Shayara Banu said that oral practice of instant Triple Talaq is not allowed either in Quran or under the Indian law. The petitioner was handed over Triple Talaq written on a piece of paper by her husband.
All India Muslim Personal Law Board had also filed an affidavit supporting the practice and requesting non-interference in Muslim Personal Law.