SC sets aside triple talaq, asks govt to bring in law in 6 months

New Delhi, August 22 : Muslim men can no longer pronounce instant triple talaq as the Supreme Court on Tuesday declared the age-old practice unconstitutional on the ground that it was arbitrary and violated right to equality of Muslim women. A five-judge Constitution Bench set aside the age-old practice by a majority of 3:2, holding it was “retrograde” and unworthy of protection.
There were three verdicts, one each pronounced by Chief Justice of India JS Khehar, Kurian Joseph and Justice Rohinton F Nariman.
The majority verdicts were pronounced by Justice Nariman and Justice Joseph. Justice Lalit agreed with Justice Nariman’s findings on the contentious issue.
Justice Nariman’s verdict also held that Muslim Marriage Dissolution Act, 1937, was a ‘law’ within the meaning of Article 13 of the Constitution and, hence, it can’t violate fundamental rights of Muslim women. Accordingly, Justice Nariman and Justice Lalit declared Section 2 of the Act unconstitutional in so far as it sought to enforce triple talaq. Justice Narimanon said if someone approached it for protection of fundamental rights, the court can’t turn its back to them.