SC Likely To Pronounce Historic Verdict On Triple Talaq and Nikah Halala Today
The much awaited judgment on the controversial debates of Talaq-e-bidat (Triple Talaq) and ‘Nikah Halala’ is likely to be pronounced by the Supreme Court on August 22nd. The bench of five judges will be submitting their judgment separately. It comprises judges from all five major Indian religions or religious institutions as Hinduism, Sikhism, Islam, Zoroastrianism and Christianity; Justice Uday Lalit, CJI Jagdish Singh Khehar, Justice Abdul Nazeer , Justice Rohinton Fali Nariman and Justice Kurian Joseph.
The judges are listening to six separate challenged petitions against the unconstitutional practices of Triple Talaq and Nikah Halala, which violate the Article 25 of the Indian constitution. Article 25 of the Indian constitution protects the right of religion but it also comes with great responsibilities- to ensure the public order, health and morality are not compromised.
The court had reserved the verdict on 18th May this year after a six-day continuous hearing on the various pleas filed by Muslim women. The petitioners had challenged the All India Muslim Personal Law Board that the ‘draconian’ law of Triple Talaq in Shariat Law is against the fundamental rights of women, hence must be demolished. The AIMPLB had argued in the court that the matter of Triple Talaq is a prerequisite of the Shariat Law. The board members also cautioned the court to not interfere in the laws subjected to Islam and Shariat Law. However the court then had dismissed their arguments.
Senior Lawyer Kapil Sibbal for AIMPLB had argued that the issue of Triple Talaq is same as the dogma of Lord Rama was born in Ayodhya and these are matters of faiths cannot be checked on the grounds of constitutional morality. He defended the practice of ‘Triple Talaq’ citing reference from 637AD, around 1400 years ago. But the court referred it as ‘worst’ for the women.
The Centre during the hearing was opined that such practices are against the development of Muslim women which curtail their liberty, gender equality and equal rights in the society. Centre also argued that Triple Talaq has been a tool for discrimination on the basis of sex which is prevalent today. The government had termed all three form of divorce among the Muslim community ‘extra judicial’ and ‘unilateral’.
Today, Triple Talaq is banned in the most of the Islamic countries including Bangladesh, Turkey, Cyprus, Tunisia, Algeria, Iran Jordan, Indonesia, Egypt, Morocco, Iraq, Sudan, Qatar, Brunei and Pakistan.