The Supreme Court has termed triple talaq practice unconstitutional by a 3-2 majority verdict. Triple talaq is widely known as Instantaneous talaq — or talaq-e-bidat. The SC ruled that triple talaq was violative of Article 14 and 21 of the Indian Constitution.
While CJI JS Khehar and Justice Abdul Nazeer backed triple talaq, Justice Nariman and Justice Lalit ruled to set aside triple talaq terming it unconstitutional. Justice Joseph set it aside on the ground that it is against the teachings of Quran. CJI wanted Parliament to bring about a law to deal with triple talaq.
According to reports, following reasoning was offered by the judges while giving the verdict on triple talaq.
Chief Justice JS Khehar: Matters of personal law cannot be touched by a constitutional court law or constitutionality cannot be tested. CJI said Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years.
Justice Nariman: Triple talaq is a part of 1934 act should always be tested on constitutionality and said it's unconstitutional.
Justice Kurien said triple talaq is not an essential part of Islam and enjoys no protection of Article 25, set it aside. Justice Kurian added that triple talaq was against the tenets of Holy Quran and hence violates Shariat law.“Extremely difficult to agree with CJI that Triple Talaq is integral to the practise of Islam,” Justice Kurian said.
The verdict has been delivered by a panel of five judges from different major faiths - Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism. The bench had reserved its verdict on May 18 after hearing it for six days starting May 11 during the summer recess.
