TRIPLE TALAQ ILLEGAL

Summary of Supreme Court Judgement

The practice of Triple Talaq was going on for many years

In India and it was incorporated in Muslim  Personal Law (Shariat) Application Act, 1937.

The main reason why triple talaq was challenged in Hon’ble Supreme Court was that the practice of triple talaq was arbiter in nature as it is in favor of male Muslim and it was in their disposal to terminate the marriage by pronouncing talaq 3 times. Muslim women with children had no say in such cases.

Hence the practice was violation of Article 14 of  the constitution which guarantees equality.

Opposite arguments were that the triple talaaq is a part of Shari-at religion and is practiced for last 100s of years and if it is declare invalid then it will be in violation of Article 25 of the constitution which is freedom of carrying out a religion. There was a conflict between the two very important articles of the constitution.

The Hon’ble supreme court by majority decision held Merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible.  

Triple Talaq is not a part of religious practice and is not even in quran. Article 25(2) says that if any of the religious practice is violative to the fundamental rights then it can be struck down by the Supreme Court.

Which same thing has happened with the triple talaq and Supreme court has held that the practice of triple talaq is derogatory and is violation to Article 14 of the constitution as it is at pure discretion of male muslim and removes any possibility of reconciliation between the parties, hence the practice is violation of article 14 and should be declared illegal by majority judgement.

The court decision is welcomed by all sectors of muslim population in India and a victory for Muslim Women

By.

Advocate Nitish Banka

Lexspeak

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997