SC strikes down Triple Talaq being unconstitutional, paves way for Uniform Civil Code, Read Text

August 22, 2017:

CJI Kher and Justice Nazeer upheld its constitutionality on the plea that it is linked to freedom of Religion.

In a historic decision, a 5 judge constitution bench of the Apex Court by 3:2 majority struck down the practice of triple talaq or instant divorce as unconstitutional.

However, Chief Justice of India J. S. Khehar & Justice S Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims & said it's not unconstitutional.

But Justice Kurian Joseph, Justice R F Nariman & Justice U U Lalit said that practice of triple talaq violated the fundamental right of Muslim women, since they're subjected to arbitrary irrevocable divorce through this practice.

CJI Khehar & Justice Nazeer even while holding triple talaq to be constitutionally valid, ordered a stay on Triple Talaq for 6 months to enable Legislature bring a law to ban this practice.

They said that if a legislation banning triple talaq completely is placed before Parliament within next 6 months, the stay on the practice would continue till Parliament enacted/rejected the law.

Judgment of the SC on #TripleTalaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment: PM Modi

— ANI (@ANI) August 22, 2017

Justices Joseph, Nariman & Lalit through different reasonings reached the conclusion that triple talaq was unconstitutional.

Justice K. Joseph said Triple Talaq wasn't sanctioned by Quran & hence couldn't form part of the fundamental right to religion.

Justices Nariman & Lalit held triple talaq being unconstitutional & struck down that part of 1937 Sharia Law that allowed it to be recognized practice among Muslims following Hanafi school.                                                    Source PTI.

• Muslim Personal Law (Shariat) Application Act,1937
• Muslim Women (Protection of Rights on Divorce) Act,1986

Supreme Court Judgement in Tripple Talaq Case on Scribd

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21.8.2017 - Will Triple Talaq verdict tomorrow, be parting shot of CJI Khehar