- News>
SC sets aside triple talaq, terms it void and unconstitutional: As it happened
A five-judge bench of Supreme Court on Tuesday set aside the practice of instant triple talaq with a 3:2 majority. The apex court held triple talaq being practised by the Muslim community as `unconstitutional`, `arbitrary` and `not part of Islam`.
Latest Updates
"We have to respect the judgement. It is going to be a great herculean task to implement this on ground," says AIMIM MP Asaduddin Owaisi.
Prime Minister Narendra Mod hails the Supreme Court ruling on triple talaq as "historic".
"Judgment of the Hon'ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment," the PM tweets.
AAP terms SC judgment on Triple Talaq as 'historic', says "Let's hope Muslim women will not have to suffer anymore."
Also Read - SC strikes down triple talaq; AIMWPLB says it's victory for Muslim women
Also Read - Five judges of 5 different religions pronounce the historic verdict
BJP president Amit Shah welcomes the SC verdict on triple talaq.
It is the beginning of a new era for Muslim women in India, says Shah.
"I welcome this historical decision... This judgement is not about anyone's victory or defeat. This is the victory of basic Constitutional rights of Muslim women and their right to live with equality," Shah said in a statement.
Congress welcomes the Supreme Court's verdict on Triple Talaq, says "It is a progressive, secular judgement for the equal rights of Muslim women in India."
The Uttar Pradesh government led by Yogi Adityantah welcomes the Supreme Court's judgement on triple talaq, saying it will strengthen the secular foundation of the country.
Shia Cleric Maulana Yasoob Abbas praises SC verdict on triple talaq, saying that Shia Personal Law Board has been fighting against the divorce practice since 2007.
BJP leader Gaurav Bhatia hails SC verdict on triple talaq.
Here's what he tweeted: "Triple champions of democracy J RF Nariman J UU Lalit J K Joseph Strike down #TripleTalaq Long live Indian Democracy Kudos Supreme Court"
Following is the chronology of events:
Oct 16, 2015: SC bench asks chief justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in divorce cases while dealing with a case of Hindu succession.
Feb 5, 2016: SC asks then Attorney General Mukul Rohatgi to assist it on the pleas challenging the constitutional validity of 'triple talaq', 'nikah halala' and polygamy.
Mar 28: SC asks Centre to file report of a high-level panel on 'Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession'.
SC impleads various organisations, including All India Muslim Personal Law Board (AIMPLB), as parties in the suo motu matter.
Jun 29: SC says 'triple talaq' among Muslims will be tested on "touchstone of constitutional framework".
Oct 7: For the first time in India's constitutional history, Centre opposes in SC these practises and favours a relook on grounds like gender equality and secularism.
Feb 14, 2017: SC allows various interlocutory pleas to be tagged along with the main matter.
Feb 16: SC says a five-judge constitution bench would be set up to hear and decide the challenge to 'triple talaq', 'nikah halala' and polygamy.
Mar 27: AIMPLB tells SC pleas were not maintainable as the issues fall outside judiciary's realm.
Mar 30: SC says these issues are "very important" and involve "sentiments" and says a constitution bench would start hearing it from May 11.
May 11: SC says it would examine whether the practise of triple talaq among Muslims is fundamental to their religion.
May 12: SC says the practise of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims.
May 15: Centre tells SC that it will bring new law to regulate marriage and divorce among the Muslim community if triple talaq struck down.
SC says it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.
May 16: AIMPLB tells SC that matters of faith cannot be tested on grounds of constitutional morality, says triple talaq a matter of faith for last 1,400 years.
Equates the issue of triple talaq with the belief that Lord Rama was born in Ayodhya.
May 17: SC asks AIMPLB whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of 'nikahnama'.
Centre tells SC triple talaq is neither integral to Islam nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women.
May 18: SC reserves verdict on triple talaq.
May 22: AIMPLB files affidavit in SC saying it would issue an advisory to 'Qazis' to tell bridegrooms that they will not resort to triple talaq to annul their marriage.
AIMPLB lists out in SC guidelines for married couples. These include "social boycott" of those Muslims who resort to triple talaq and the appointment of an arbitrator to settle marital disputes.
Aug 22: SC by majority verdict of 3:2 rules that divorce through triple talaq is void, illegal and unconstitutional and against basic tenets of Quran.
Three judges favour putting on hold for six months the practise, asking the government to come out with a law in this regard.
Congress leader Shehzad Poonawalla tweets, "So #TripleTalaq was only a Bahana to slip in Uniform Civil Code through back door? Cat is out the bag- all about politics not gender justice."
Expressing her views on the triple talaq verdict, Union Minister Maneka Gandhi says, "It's a good judgement and another step towards gender justice and gender equality."
Madhya Pradesh Chief Minister Shivraj Singh Chouhan welcome SC's verdict on triple talaq.
Chouhan requests Central government to bring in a legislation soon.
Yoga guru Baba Ramdev hails SC verdict on triple talaq, says, "Satyamev Jayate ! Courage of Muslim women, Initiative of @narendramodi Govt & justice by Supreme Court gave us this result #TripleTalaqOver".
All India Muslim Women's Personal Law Board president Shaista Amber celebrates after SC strikes down triple talaq.
Terming it as a landmark verdict, Shayara Bano says, " I feel good. I knew the law will not end. But the Supreme Court has ended the triple talaq practice. It's a great judgement for Muslim women and the future generation."
Expressing happiness over SC verdict, petitioner Farah Faiz says, the top court has accepted triple talaq as unconstitutional, adding that a direction has been set towards stopping it.
After reading separate judgements, the 5-judge bench of Supreme Court rules in 3:2 majority triple talaq is void and illegal.
Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice Kurian Joseph say triple talaq is unconstitutional, oppose view of Justice Nazir and CJI Khehar.
SC refers to abolition of triple talaq in Islamic countries and asks why can't independent India get rid of it.
The Supreme Court expresses hope the Centre's legislation will take into account concerns of Muslim bodies and Sharia law.
If law doesn't come in force in six months, then SC's injunction on triple talaq will continue, the top court says.
The top court asks political parties to keep their differences aside and help Centre in bringing out law on triple talaq.
CJI JS Khehar says that Talaq-e-biddat is not in violation of Articles 14, 15, 21 and 25 of the Indian Constitution, adding that the practice being constituent of personal law, it can't be set aside on ground of constitution morality by judicial intervention.
Triple Talaq will not be in operation for six months, the apex court orders.
The apex court asks the government to enact a law within six months. CJI JS Khehar says all parties must decide on the issue keeping politics aside.
Supreme Court upholds Triple Talaq practice, asks Union Government to bring legislation.
CJI begins reading the judgement.
BJP leader Shazia Ilmi tweets," Triple Talaq is anti-Quran, anti-Constitution and anti-humanity! From Shahbano to Shayara Bano the wheel has turned full circle.Say No to TT".
Shayara Bano, the petitioner, who moved the Supreme Court on the 'triple talaq' issue, pins hope on the top court to deliver verdict in her favour.
"I feel the judgement will be in my favour. Time has changed and a law will certainly be made," Bano says.
Congress spokesperson Jaiveer Shergill hopes Supreme Court delivers justice to Muslim women.
"Congress amended Hindu Succession Act in 2005 to give equal rights to Women; hope SC judgment does that for Muslim Women #TripleTalaqVerdict," Shergill tweets.
The All India Muslim Personal Law Board (AIMPLB) expresses confidence that the SC court would not interfere in Muslim Personal Law.
“We have put forth our view in light of Quran and we are confident enough that whatever will be the judgement of the court, it will naturally be in the light of the Constitution of our country. Our Constitution has given every citizen a right to follow and propagate the religion of one’s choice. So as far as the law of triple talaq is concern, it is part of our Shariat and we think the court will not interfere in Muslim Personal law,” member of AIMPLB and Muslim cleric Maulana Khalid Rashid Firangi Mahali told ANI.
Also Read - Triple Talaq: How the case reached Supreme Court - Chronology of events
Former attorney general Mukul Rohatgi says, "It is a big day, let us see what the SC judgement says."
The triple talaq victims hope for a favourable judgment.
Speaking to news agency ANI, a victim says, "If verdict comes in favour of us, then this will be the victory for those fighting against Triple Talaq. If in any case, the verdict comes against us, then we all women will protest because then it will be victory for exploiters not for us."
Another victim says, "We hope that the judgment will come in favour of us. We were waiting for this day since long. We want complete justice, proper punishment for the culprits and enacting of new law."
Prime Minister Narendra Modi in his speech on the occasion of Independence Day had praised women battling the system of Triple Talaq and said the entire country supports them.
"I pay my respects to those women who had to lead miserable lives due to Triple Talaq and then started a movement which created an environment in the whole nation against the practice," the PM has said.
Triple talaq case
The five-judge bench of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.
The bench, made up of judges from different religious communities -- Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.
During the hearing, the apex court had observed that the practice of 'triple talaq' was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".
The Centre had told the bench that it will come out with a law to regulate marriage and divorce among Muslims if 'triple talaq' is held invalid and unconstitutional by the apex court.
The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"
As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the AIMPLB asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.
However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope".
In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for 'nikah'.
Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of 'triple talaq' with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.
New Delhi: A five-judge bench of Supreme Court on Tuesday set aside the practice of instant triple talaq with a 3:2 majority. The apex court held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".