(GIST OF YOJANA) TRIPLE TALAQ VERDICT: A VICTORY FOR MUSLIM WOMEN - December 2017

(GIST OF YOJANA) TRIPLE TALAQ VERDICT: A VICTORY FOR MUSLIM WOMEN - December 2017

TRIPLE TALAQ VERDICT: A VICTORY FOR MUSLIM WOMEN

The Supreme Court has delivered its historic judgment, which has liberated the Muslim women from the barbaric practice of Triple Talaq (a practice that allows Muslim men to divorce their wives by uttering the world ‘Talaq’ thrice at one go). The Apex Court’s judgement has also ordered the Centre to frame a law on Triple Talaq in the Parliament within six months
besides imposing a ban on the practice during this period.

The five-judge bench of the Supreme Court, headed by Chief Justice J S Khehar (now retired) struck down triple Talaq by 3-2 majority. The Supermen Court took a lesson from history when it had accepted the appeal of the petitioner in the 1986 Shah Bano case and rather than delivering a final judgement, it had left the issue (Triple Talaq) on the Parliament. However, the Apex Court had shown its intension.

Three out of the five judges of the constitution bench – Justice Kurian Joseph, RF Nariman and UU Lalit held Triple Talaq as unconstitutional. On the other hand, Chief Justice J S Khehar and Justice S Abdul Nazeer were of the view that the practice was part of Muslim personal law and hence the court could not interface. However, the three judges disagreed with the opinion of Justice Khehar and Justice Nazeer. The three judges termed Triple Talaq as violation of spirit of Article 14 (the Right to Equality) of the Constitution.

Study Material for IAS (UPSC) Pre 2018

Triple Talaq is a ‘Sin’

Terming Triple Talaq as the part of fundamental rights of Muslims, Chief Justice J S Khehar and Justice S Abdul Nazeer said Judiciary shouldn’t interfere with it. However, both the judges also agreed that Triple Talaq is a sin and it is the government who should take a call on it though framing a law. Undoubtedly, the Central Government will now bring a strong law for empowering the Muslim women.

Who is the enemy of Muslim Women?

At the time when he campaign against Triple Talaq commenced to liberate the Muslim women from the brutality, many Muslim politicians, who portrayed themselves as the well wishers of Muslims, started opposing it. Moreover, in various media discussions and debates, these politicians had threatened to give a befitting reply to the government for initiating a war against Triple Talaq. Though the debated included a number of Muhhahs and Ulemas, not a single women was featured in it. Even in the present century, they wanted the Muslim women to follow the customs and tradition of medieval-era. Such politicians were opposing the progressive attitude of the government.

Complete Study Material For UPSC Exam 2018, 2019

This is Only Sample Material, To Get Full Materials Buy The Gist 1 Year Subscription - "Only PDF" Click Here

Click Here to Download More Free Sample Material

Go Back To Main Page

Courtesy: Yojana