Supreme Court Announces Their Verdict Of Triple Talaq
India’s Supreme Court declared the “instant divorce” practice among the nation’s Muslim population to be unconstitutional Tuesday after decades of campaigns by women’s groups.
Uttar Pradesh Chief Minister Yogi Adityanath welcomed the verdict of the Supreme Court on triple talaq.
Judges of the minority judgment said that if the center does not come under the law within six months, then its order on three divorces will continue.
He said merely because a practice has continued for long, that by itself can not make it valid if it has been expressly declared to be impermissible.
This means three judges voted in favour of striking down triple talaq and declaring it “unconstitutional”.
Two of the judges said triple talaq was “arbitrary” and violated fundamental rights. Justice Nariman and Justice Lalit set it aside, terming it unconstitutional. “I welcome this on behalf of the party”, Shah said.
Muslim clerics associated with the RSS-backed Muslim Rashtriya Manch too hailed the judgment in a chorus when Manch patron Indresh Kumar asked them at an event here if they were happy with the verdict. This is an “inter-communal conflict” between Muslim men and deprived women. “It will allow Muslim women to her justice”.
CPI national secretary D Raja said the government should consider reforms in all personal laws.
The Supreme Court had reserved its verdict on May 18, after conducting a continuous hearing on the issue from May 11. A waiting period called iddat confirms if the woman is with child, and if not, the divorce is finalised. “It grants equality to Muslim women and is a powerful measure for women empowerment”, Modi tweeted yesterday.
“Similar decisions have existed in the past on the issue of uniform civil code as well but what was missing earlier has now been compensated by political will of the present dispensation”. His party BJP emerged a runaway victor in the electoral battle.
The post Triple Talaq: Supreme Court Bans Islamic “Instant Divorce” In India appeared first on 360Nobs.com. The constitutional bench comprised five judges, from different religious communities – Sikh, Christian, Parsi, Hindu and Muslim.
India allows religious institutions to govern matters of personal law – marriage, divorce and property inheritance – through civil codes created to protect the independence of religious communities.
In most Muslim countries, including India’s neighbors Pakistan and Bangladesh, the custom is banned.