(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
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.
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.