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Indian top court rules to annul Triple Talaq, seen as victory for Muslim women

Just Earth News | @justearthnews | 22 Aug 2017

Indian top court rules to annul Triple Talaq, seen as victory for Muslim women
New Delhi, Aug 22 (JEN): In what is seen as a landmark victory for the Muslim women in India, who are fighting to scrap the practice of triple talaq, the Supreme Court of India on Tuesday said the practice is unconstitutional and asked the country's government to legislate a law in Parliament.

A five member bench led by Chief Justice of India, Justice JS Khehar delivered the verdict related to the case.

The five-judge bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.

The panel of five judges represent different faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

In a 3:2 verdict of the five bench judges' panel, the apex court said Triple Talaq is unconstitutional and illegal, which means it has been struck down.

The Supreme Court also put the ball in the court of the Indian government to frame a law to ban it.

The Chief Justice of India JS Khehar gave his judgement while other judges pronounced their verdicts too.

While triple talaq is thus effectively banned, the operative part of the judgement means it is an injunction for six months till a law is made.

Majority of the judges said the practice was violative of Indian constitution and retrograde.

Triple talaq, widely practised in India, is a form of unilateral oral divorce to Muslim women by their husbands by uttering the word "talaq" thrice.

The top court had reserved its decision since the hearing concluded in May.

While the petitioner in the landmark case is 36-year-old Shayara Bano, the campaign to end triple talaq (oral divorce) and polygamy in the Muslim society was spearheaded by Zakia Soman, the 50 plus co-founder of Bhartiya Muslim Mahila Andolan (BMMA, the other founder of which is Noorjehan Safia Niaz).

Indian Prime Minister Narendra Modi earlier said he would try to give justice to the Muslim women even though some Muslim bodies like the Muslim Law Board are opposing it.