In a landmark verdict, a Constitution Bench of the Supreme Court today held that the practice of instant Triple Talaq (talaq-e-bidat) is unconstitutional and violative of Articles 14 and 15.
The decision was rendered by a Bench of Chief Justice of India JS Khehar, along with Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer.
While Justices Nariman and Lalit held that instant Triple Talaq is unconstitutional and violative of Article 14 (Right to Equality), Justice Joseph struck down the practice on the ground that it goes against Shariat and the basic tenets of the Quran.
Here is a brief summary of the judgment rendered by Justices Nariman and Lalit:
Below is a summary of Justice Joseph’s ruling:
Chief Justice Khehar and Justice Nazeer dissented, holding that the practice cannot be struck down on the ground of being violative of Article 14, since there is no state action.
They, therefore, directed the Central government to frame a law to govern the field.
Here is a summary of the dissenting judgment:
The case involved a batch of petitions filed by various parties challenging the constitutionality of Triple Talaq.
The petitioners had also challenged the Constitutionality of Section 2 of the 1937 Act in so far as it seeks to recognise and validate Triple Talaq.
The lead petition was by one Shayara Bano. The matter also involved a suo motu case initiated by the Supreme Court in this regard.
A battery of Senior Counsel had appeared in the matter including Kapil Sibal, Ram Jethmalani, Salman Khurshid, Anand Grover, Indira Jaising and Amit Singh Chadha.
The Central government was represented by then Attorney General Mukul Rohatgi and Additional Solicitor General Tushar Mehta.
The Court had heard the matter for six days before reserving its verdict on May 18 this year.
Read the judgment: