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Supreme Court declares Triple Talaq Unconstitutional
Supreme Court today barred the Islamic practice that allows the man to divorce his wife by stating “talaq” three times.
The order comes in response to petitions from seven Muslim women who had been divorced through triple talaq. Three out of the five judges on the constitution bench ruled against the "triple talaq" law, helding it as violative of the Constitution. The judges said the law violated Article 14 and 21 of the Constitution of India, which is related to equality, and protection of life and personal liberty respectively.
During the course of hearing, court observed that the practice was regarded as ‘unreasonable, unfair and discriminatory’ and that it went against the principle of gender justice. It added that gender equality and dignity of women were constitutional values and could not be compromised.
Senior advocate Kapil Sibal, appearing on behalf of the All India Muslim Personal Law Board, one of the petitioners, had argued that the court could not interfere in the personal laws of a community.
India's Muslim Law Board had told the court that while they considered the practice wrong they opposed any court intervention and asked that the matter be left to the community to tackle.
