Historical decision of the Supreme Court’s constitutional bench on Triple Talaq

Supreme Court verdict against instant triple talaq

Question: Recently, a five-member Constitution Bench headed by Chief Justice of the Supreme Court ended triple Talaq (Talaq-e-Biddat). Which was the world’s first country to ban the Triple Talaq?
(a) Iran
(b) Egypt
(c) Iraq
(d) Bangladesh
Answer: (b)
Related facts:-

  • On August 22, 2017, the five-judge constitution bench, by a majority of 3:2 said the practice of “‘talaq-e-biddat’ triple talaq is set aside”.
  • Triple Talaq allows Muslim men to divorce their wives by simply uttering the word ‘Talaq’ three times in succession.
  • The Supreme Court has marked it unconstitutional under Article 14, 15 of the Indian Constitution.
  • The five-judge bench headed by Chief Justice JS Khekar comprises of Justice Kurian Joseph, Justice Rohinton Nariman, Justice Uday Lalit and Justice Abdul Nazeer had begun the hering on May 11th.
  • Justice J. S. Khehar and Justice Abdul Nazir considered three divorces wrong in the minority decision, but refused to cancel/end it.
  • The two separate judgements, written for majority by Justices Kurian Joseph and R F Nariman, did not concur with the CJI and Justice S Abdul Nazeer that ‘Triple Talaq’ was a part of religious practice and the government should step and come out with a law.
  • The apex court put a six-month stay on the practice, directing Parliament to enact a law within the given time period.
  • The Supreme Court (in the opinion of majority) said that ‘three divorces are non-religious and non-Islamic. This is not an integral part of Islam. Any such thing which is illogical cannot be allowed. Which is wrong in religion, cannot be right in law.
  • It is worth mentioning that in the year 2016, a Muslim woman ‘Shayara Bano’ from Dehradun filled this petition.
  • On March 30, 2017, the three-member bench of the Supreme Court handed over the case of the triple talaq cases to the constitutional bench of five judges.
  • Court friend (Amicus Curiae) senior lawyer Salman Khurshid told the apex court, “The right and the responsibilities of a man and a woman in marriage under Islam are divided.
  • Quran prescribes a three-month process for divorce giving opportunity for arbitration and reconciliation. It is difficult to understand the Islamic law by contrasting it to modern day sensibilities.”
  • Chief Justice J.S. Khehar clarified that “The matter can be summed up in three points:
  • Whether triple talaq is fundamental to Islam; if it is fundamental we have to see if we can interfere?
  • Whether it is sacramental or not.
  • Whether there is an enforceable fundamental right that is violated.
  • The following questions were raised before the Supreme Court by the Central Government-
    1. Under the Constitution, under the authority of Religious Freedom (Article 25), three divorces, Nikah-Halala and polygamy can be allowed or not?
    2. Which should be given priority? The right to equality (Article 14) , right to live with dignity (Article 21) or the right to religious freedom (Article. 25)
    3. The personal law is in accordance with article 13 of the Constitution will be considered as law or not?
    4. Whether the three divorces, Nikah-Halala and polygamy are true under the international laws which India has also signed.
  • At present there are at least 22 Islamic countries which have completely abolished this practice.
  • These countries include Pakistan, Bangladesh, Sri Lanka, Turkey, Algeria, Tunisia etc.
  • Egypt was the first country to end this practice in the year 1929.

Reference:
http://www.thehindu.com/news/resources/article19539934.ece/BINARY/Triple%20talaq%20verdict
http://abpnews.abplive.in/india-news/sc-says-triple-talaq-is-unconstitutional-five-main-points-of-the-verdict-675688
http://www.livelaw.in/supreme-court-said-triple-talaq-judgment-read-judgment/
http://www.bbc.com/news/world-asia-india-41008802