India's Supreme Court bans 'triple talaq' practice

The Supreme Court of India has banned a controversial Muslim practice called "triple talaq" deeming it unconstitutional and retrograde.

The Supreme Court further asked the Union Government to formulate a new legislation within six months.

BJP President Amit Shah said that the Supreme Court's historic verdict on the practice of "Triple Talaq" is a step towards "New India".

"The minority view of two judges, Chief Justice of India JS Khehar and justice Abdul Nazeer, said the practice of triple talaq should be put on hold for six months and the government should bring a law to regulate the practice by then".

It has thus been struck down in effect.

The five judges belong to major faiths, including Hinduism, Christianity, Islam, Sikhism and Zoroastrianism. "Supreme Court's verdict is a culmination and acceptance of this wider wisdom as also recognition of the rights of the Muslim women", read the Congress' statement.

"It should be a comprehensive one, taking all personal laws to reform them in order to ensure gender justice and equality", he said.

The All India Women's Democratic Association (AIDWA) also welcomed the judgement and said that it has always opposed the unilateral, arbitrary, irrevocable and instantaneous triple talaq, which has always adversely affected the lives of millions of Muslim women. "Triple talaq is a part of our religion and of sharia", Kamal Faruqui, a member of the executive committee of the All India Muslim Personal Law Board which advocates for Muslim law, said.

The Supreme Court by a majority verdict on Tuesday ruled that the practice of divorce through Triple Talaq among Muslims is "void " and "unconstitutional". Indian Muslim Women's Movement has also played their part in the legal battle to end triple talaq. "We urge the government to repeal all religious family laws that violate women's right to equality, without exception", she said. The ruling noted that the triple talaq was "not integral to religious practice, and violates constitutional morality", and thus is not fundamental to Islam and does not have constitutional protection.

- Aditya Patel (@AdityaP74870938) August 22, 2017A historic day for Indian Muslim women.

Trriple Talaq may be a permissible practice but it retrograde and unworthy.

On April 29, Modi said: "Reformers from the Muslim community itself will come forward to fight what (our) Muslim daughters have to go through (in the name of triple talaq), they will find a way out".

  • Jon Douglas