Triple Talaq Verdict Live: Muslim Women ‘Granted Equality’ Says PM
In a split SC judgement, 3 of 5 judges hold Triple Talaq unconstitutional and say that it must be struck down.
Triple Talaq verdict LIVE updates: The Supreme Court on 22 August struck down the validity of Triple Talaq with a 3:2 majority. A bench comprising five judges, headed by Chief Justice JS Khehar, had reserved its verdict on 18 May, six days after the hearing began on 11 May.
Stay tuned for live updates on the Triple Talaq verdict:
- In a landmark judgment, the Supreme Court struck down the practice of Triple Talaq as unconstitutional
- The SC bench declared the practice “un-Islamic, retrograde, unworthy” and said that it “violates right to equality”
- The verdict was reached by a 3:2 split within a five judge Supreme Court bench
Trying to Make Sense of the Triple Talaq Verdict? Watch The Quint's Discussion
Watch: Students of Jamia Milia Islamia University Talk on Triple Talaq Verdict
SC Judgement Upholds Fundamental Rights: AIMPLB Welcomes Triple Talaq Verdict
In an official statement, the All India Muslim Personal Law Board has welcomed the Supreme Court’s judgement on Triple talaq saying that the “judgement has upheld the essence of fundamental rights ensured to the citizens of this country.”
AIMPLB said that on its part it has already issued instructions to Maulvis/Qazis to incorporate conditions in thbe Nikahnama to “provide for the option to the marrying parties to exclude the option of pronouncing the triple talaq”.
Repeal All Religious Family Laws That Violates Women's Rights: Amnesty Int'l
Responding to the Supreme Court's verdict today declaring the practice of talaq-e-biddat unconstitutional, Asmita Basu, Programmes Director at Amnesty International India said:
Govt Orders States to Implement SC Judgment
Following the verdict, the Centre will write to all states to implement it “in true sense”, reported NDTV.
Rahul Gandhi Congratulates Women Who Waged Battle Against Triple Talaq
In a tweet on Tuesday evening, Congress Vice President Rahul Gandhi lauded the judgment and praised the women who fought the battle that led to it.
AIMPLB Announces Date For First Meeting After Verdict
The All India Muslim Personal Law Board will hold its first meeting after the judgment on 10 September in Bhopal, Madhya Pradesh.
(With inputs from The Hindu.)
PM Modi Calls Triple Talaq Judgment Historic
Prime Minister Narendra Modi lauded the SC’s decision on Triple Talaq and called it a move that grants equality to Muslim women.
Supreme Court Declares Triple Talaq Illegal
In a landmark judgment on 22 August, the Supreme Court declared the practice of Triple Talaq “unconstitutional” and “un-Islamic”. The decision was reached with a 3:2 split in a five judge-bench of the Supreme Court.
While Justices Kurian Joseph, Rohinton Nariman and UU Lalit called the practice “retrograde and unworthy,” Justice Abdul Nazeer and CJI JS Khehar directed the government to frame a Muslim divorce law within six months. The two called for an injunction or temporary ban on using Triple Talaq for divorce until a legislation was formulated.
In his judgment, CJI Khehar said the Talaq-e-biddat is an integral part of the Sunni community and that it has been practised for over a thousand years. He added that the Talaq-e-biddat is not in violation of Articles 14, 15, 21 and 25, reported ANI.
The overall verdict termed the practice a violation to the right to equality. The three judges against the practice also concluded that the issue need not be referred to the Parliament.
Read Full Text of the Supreme Court Verdict Here
Netas Hail SC Verdict
Women and Child Development Minister Maneka Gandhi hailed the SC verdict as being “good for women”.
The decision was also upheld by Salman Khurshid, Congress leader and former External Affairs Minister, who called it a decision that will lead the way toward “truth”.
BJP leader Amit Shah also expressed his support for the decision.
Finance Minister Arun Jaitley called it a victory for the nation.
Bahujan Samaj Party chief Mayawati said it would have been better had the Muslim Personal Law Board taken up the issue.
Uttar Pradesh Chief Minister Yogi Adityanath too welcomed the decision, hailing it as “historic”.
Asaduddin Owaisi, President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), though said he respected the decision, he also added that its implementation would face challenges.
Triple Talaq Victim & Petitioner Shayara Bano Welcomes Verdict
Earlier in the day, ahead of the judgment, Bano had expressed faith in the imminent verdict.
Bano filed a petition in the Supreme Court against Triple Talaq, Halala and polygamy in February 2016.
Also Read: From Shah Bano’s Fight to SC’s Verdict: a Timeline of Triple Talaq
Supreme Court to Announce the Verdict Today
The Supreme Court is all set to pronounce a judgement on the controversial issue of whether the practice of 'Triple Talaq' among Muslims is fundamental to their religion.
The bench, comprising judges from different religious communities – Sikh, Christian, Parsi, Hindu, and Muslim – heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice.
The government had termed all the three forms of divorce among the Muslim community – Talaq-e-biddat, Talaq Hasan and Talaq Ahsan – as "unilateral" and "extra-judicial".
Also Read: Case Files: The Making of the Landmark Judgement on Triple Talaq
Triple Talaq Not Integral to Islam: Centre
It has said that all personal laws must conform with the Constitution and rights of marriage, divorce, property and succession have to be treated in the same manner across communities.
The bench had taken up the matter suo motu as a petition titled "Muslim Women's quest for equality".
Ahead of the verdict, Mukul Rohatgi, former Attorney General, said:
Case Files: The Making of the Landmark Judgement on Triple Talaq
On 18 May, the Supreme Court reserved its judgement on Triple Talaq after six days of continuous hearings on a batch of petitions challenging the constitutional validity of Triple Talaq.
On the final day, the counsels of several aggrieved women petitioners and women’s rights organisations – including Anand Grover, Arif Mohammad Khan and Indira Jaising – demanded Triple Talaq be declared illegal.
Before concluding his arguments, Kapil Sibal told the Supreme Court that the All India Muslim Personal Law Board had decided to issue a circular to all qazis saying that while finalising the nikahnama, they should advise husbands not to engage in Triple Talaq unless under compelling circumstances.
Triple Talaq: What Do Indian Muslim Women Really Think?
Read the full story on Triple Talaq on The Quint.
Demand to End Triple Talaq a Result of Muslim Women’s Empowerment
What explains this new assertion of Muslim women? The powerful force of public opinion, not only from within the community but also from outside, is definitely on their side. A survey conducted by the Bharatiya Muslim Mahila Andolan (BMMA) in 2010 found that 88 percent of Muslim women wanted a ban on Triple Talaq (see infograph below).
The survey was conducted in 10 states and nearly 5,000 Muslim women were approached. This was perhaps the first such attempt on such a scale to get the views of those who really matter in this whole debate on Triple Talaq.
To Ban Triple Talaq, We Must Stop Talking About UCC: Tahir Mahmood
Noted Muslim jurist and former chairman of the National Commission for Minorities, Tahir Mahmood says Triple Talaq is a misnomer. He says the results would be the same even if it was a single “Talaq”. The problem, Mahmood points out, is unilateral divorce.
Triple Talaq: Much Ado About Nothing! What About Education, Jobs?
Parveen Talha, a practising Muslim woman who disagrees with those who give legal sanction to Triple Talaq, argues that the government should correct its priorities if it wants to improve the lives of Muslim women.
She writes that Muslims have had zero or negligible share in the development plans of the country. Post Independece,they have been stereotyped and cast away as those who engage in polygamy, live in ghettos. Moreover, the Muslims’ share in employment is miserable, particularly in government services.
Here are Reasons to Abolish Triple Talaq (UCC is Not One of Them)
Sreeparna Chattopadhyay, an Assistant Professor in the School of Development at Azim Premji University, states that the five states where the share of Muslims in the population is higher than the Indian average of 14 percent indicates that Muslim women’s divorce rate outstrips those of women from all religions by a wide margin, other than in Jammu and Kashmir.
Though divorces aren’t necessarily negative considering that some may end an unhappy/abusive marriage, women and men do not face similar outcomes in terms of equal opportunities for education and employment due to gender disparity.
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