SC verdict on triple talaq on Tuesday

NEW DELHI: The Supreme Court will on Tuesday pronounce its verdict on the validity of the practice of triple talaq among Muslims — which has been challenged on the ground that it violated Muslim women’s right to equality, right to non-discrimination and right to live with human dignity.

Satya Prakash

Tribune News Service

New Delhi, August 21

The Supreme Court will on Tuesday pronounce its verdict on the validity of the practice of triple talaq among Muslims — which has been challenged on the ground that it violated Muslim women’s right to equality, right to non-discrimination and right to live with human dignity.

A five-judge Constitution Bench headed by Chief Justice of India JS Khehar, which had on May 18 reserved its verdict on the contentious issue after six days of marathon arguments for and against the practice of triple talaq — is likely to pronounce the verdict at 10.30 am.

Other judges on the Bench are: Justices Kurian Joseph, Rohinton Nariman, UU Lalit and S. Abdul Nazeer.

The Centre has supported the petitioners contending that fundamental right to equality and non-discrimination of Muslim women must take precedence over personal laws as right to religion was an inferior right under the Constitution. Arguing for the Centre, then Attorney General Mukul Rohatgi had, however, sought to allay the fears of the Muslim community by saying that it was a gender issue and not a majority versus minority issue.

In what may be considered a climb-down from its stated position in favour of instantaneous triple talaq, the All India Muslim Personal Law Board (AIMPLB) had agreed before the Supreme Court to ask all kazis to advise the husbands shun triple talaq, except under compelling circumstances.

On the last day of the hearing on petitions challenging the validity of triple talaq, AIMPLB senior counsel Kapil Sibal had told the Bench that the Board had decided to issue a circular to this effect to all kazis.

However, senior counsel Amit Chadra — who represented petitioner Shayara Bano — had strongly objected to AIMPLB’s submission that it would ask kazis to include a condition in 'nikahnama' to give a right to Muslim women to say either 'no' or 'yes' to triple talaq as it would still remain discriminatory.

Interestingly, All India Muslim Women Personal Law Board has adopted the arguments made by the Centre. “We are adopting the submissions of the learned Attorney General and learned senior counsel Indira Jaising,” AIMWPLB counsel Chandra Rajan had told the Bench.

Chadha had said: "It is a bad, undesirable and sinful practice and violates constitutional guarantees of Muslim women".