Injunction on husbands pronouncing triple talaq until law is made: SC advocate

Supreme Court advocate Saif Mahmood on 22 August said that till the government formulates a law regarding triple talaq, there would be an injunction on husbands pronouncing triple talaq on their wives.

"There were three different judgement delivered today by the Constitutional bench. We exercise our jurisdiction on Article 142 and have directed the Government of India to legislate a proper law within six months. Till the time the government makes a law, there would be an injunction on husbands pronouncing triple talaq on their wives," Mahmood told ANI.

He added that the Chief Justice of India (CJI) Jagdish Singh Khehar delivered the first judgement in which he held categorically that in his opinion, matters of personal law cannot be touched by a Constitutional court.

"The second thing Justice Khehar held was that the triple talaq is an essential part of Islam which is protected under Article 25. Justice Kurien Joseph said that the triple talaq is not an essential part of Islam and therefore, enjoys no protection of Article 25 and set it aside," Mahmood said.

He added that Justice Rohinton Fali Nariman said that the triple talaq is a part of the 1937 Act and should always be tested on constitutionality, adding it is "unconstitutional."

Earlier in the day, the Supreme Court struck down the Triple Talaq practice as 'unconstitutional' by a 3:2 majority.

The five-judge constitution bench headed by CJI J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.

Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and unislamic.

The Supreme Court further asked the Union Government to formulate a new legislation within six months.

The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked "why can't independent India get rid of it."

The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.

CJI Khehar, while pronouncing the judgement, however, upheld the practice and said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."

The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.

During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

"The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that triple talaq violates the Muslim women's right to equality within the community, and also within the country

The Centre, earlier on 11 May, told the apex court that it opposed the triple talaq practice and wanted to fight for women equality and gender justice.

Various petitioners had knocked the doors of the apex court seeking to strike down triple talaq.

On May 22, the All Indian Muslim Personal Law Board (AIMPLB) filed an affidavit in the Supreme Court and said it would advise the Qazis to tell the brides and grooms to not resort to "triple talaq in one sitting."

The All India Muslim Personal Law Board (AIMPLB) told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in 'nikahnama'. The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high 'mehr' amount in case of talaq.

Prime Minister Narendra Modi, on the occasion of 71st Independence Day, admired the courage of women who have been suffering due to Triple Talaq, asserting that nation is with them in their struggles.

Uttar Pradesh Chief Minister Yogi Adityanath had earlier described Triple Talaq as a social problem and it would be good if Muslim society itself resolves it. 

-ANI