Opinion

Big win for Muslim Women!!! Supreme Court strikes down Triple Talaq and calls it unconstitutional

Finally the Muslims women have been delivered justice by the Supreme Court and the nation is heading forward to achieve gender based equality. The Supreme Court struck down the controversial Islamic divorce practice of instant triple talaq (Talaq-e-Biddat), saying it was arbitrary and against the tenets of Islam.

This has been a historical decision by saying Triple Talaq is unconstitutional. A five-judge bench pronounced the verdict. The five-judge constitution bench headed by Chief Justice J.S. Khehar, included Justice Kurian Joseph who is a Christian, Justice Rohinton Nariman who is a Parsi, Justice Uday Lalit who is a Hindu and Justice Abdul Nazeer, a Muslim.

Three judges opposed triple Talaq and while two others supported Triple Talaq. The judges who said Triple Talaq was unconstitutional are Justice Nariman, Lalit and Kurien. But Justice Nazir and CJI Khehar supported the practice of Triple Talaq.

The Supreme Court also said that Triple Talaq violates Article 14 of the Constitution. In the history of India, this has been a landmark decision as till date no court tried to intervene to this extent in the practises of Islam. By this one thing is proved that in India, nation comes first and religion comes next.

More than 20 countries have banned Triple Talaq including Pakistan!!!

It is even more surprising that many of the Muslim nations have banned the practice of triple Talaq. So the questions arises that why not India follow it. More than 20 countries have banned the practice of triple Talaq. Under the Muslim Personal Law (Shariat) Application Act (1937), Triple Talaq – a practice that has been discarded by several Muslim majority countries, including Turkey, Pakistan and Bangladesh – still existed in India.

Let us look at few of the nations that have banned Triple Talaq:

Pakistan, Bangladesh, Sri Lanka, Turkey, Cyprus, Syria, Jordan, Egypt, Tunisia, Algeria, Iran, Iraq, Malaysia, Brunei, UAE, Indonesia.


Nishika Ram

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