The Supreme Court on Tuesday imposed a ‘ban’ on instant talaq for the next six months asking Parliament make a legislation for the case. The apex court, however, upheld the constitutional validity of triple talaq saying it did not violate Article 14 and 21 of the Indian Constitution. If Parliament fails to bring a law in the next six months, the decision taken by the Supreme Court will continue to be in force.
The SC has also urged political parties to keep aside their differences and help the Centre in bringing out the law on Triple Talaq. Chief Justice of India JS Khehar observed that Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years. The SC has also expressed hope that the Centre’s legislation will take into account the concerns of Muslim bodies and Sharia law.
The decision to declare triple talaq void and illegal was taken by a 5-judge bench of the SC which ruled in 3:2 majority. While Justices Kurian Joseph, RF Nariman & UU Lalit gave their decision against triple talaq, CJI JS Khehar & Justice Abdul Nazeer backed triple talaq.
Justice Nariman and Justice Lalit ruled against triple talaq terming it unconstitutional and Justice Joseph said that the practice is against the teachings of Quran. Meanwhile, CJI JS Khehar and Justice Abdul Nazeer backed triple talaq saying that it was part of Muslim personal law and hence enjoys status of fundamental rights
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