SC quashes Triple Talaq; calls it unconstitutional, against Quran

Ravi Shankar Prasad in an exclusive conversation with India

Indian Prime Minister Narendra Modi praised the decision, declaring it a "powerful measure for women's empowerment".

In what will not come as a surprise, cricketer Mohammad Kaif was again trolled on the internet for welcoming Supreme Court's order to abolish the Muslim personal law practice of Triple Talaq.

"I appeal to the people to not politicise this issue and accept Supreme Court's verdict on triple talaq", she told reporters outside the court. The lawsuits were filed by five women Muslim women with experience of such a divorce, and two representatives of human rights groups.

He described the judgment as the "beginning of a new epoch for women to live with self-respect".

IANS adds that the minority judgment of the court contended that the practice was a constituent of the personal law and had a stature equal to other fundamental rights, and held it as not violative of the Constitution and said it can not invoke judicial intervention.

The invidious procedure of triple talaq is confined to the Sunnis alone, not only in India, but around the world. Usually these declarations are made over a period of months, but in the 'triple talaq' the husband makes all three on a single occasion.

The Supreme Court's ruling that the practice of talaq-e-biddat or instant triple talaq is illegal and unconstitutional is a welcome assertion of equality, gender justice and the fundamental rights of citizens. "All laws, including personal laws, must abide by constitutional guarantees and constitutional freedoms, including the right to live with dignity", he said. The fact can not be denied that most Muslims unquestioningly accept the interpretations of Islamic law by the Maulanas and the Maulavis.

Justice Joseph said that 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. He said, "I think it is in Modi ji's fate to do something good and he has done it".

"The Supreme Court judgment will strengthen the resolve of women to continue to struggle for reform within their personal laws".

"There is a proposal to include in Nikaahnama that the practice of triple talaq is a crime against religion and the Kazi (cleric) should explicitly inform the bride and the groom about this".

The minority verdict by the CJI and justice Nazeer, which favored keeping on hold the practice of triple talaq for six months, asked the political parties to set aside their differences and help the Center in coming out with a legislation. Now it's time for comprehensive uniform civil code.

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