The very disputed and controversial matter of ‘triple talaq’ has finally come to an end as the Supreme Court uttered its final verdict on the Muslim divorce law – calling it void, illegal and unconstitutional after a majority of 3:2 in the 5-judge bench.
Triple talaq or verbal divorce which allowed Indian Muslim men to divorce their wives by saying talaq three times, verbally. This practice is legal according to Muslim law, but after some women were divorced hastily, or even through Whatsapp or Skype, the matter was hyped and taken to the apex court of India. Today, a five-judge bench was barred to pass a final verdict whether practice of triple talaq was constitutional in terms of Indian law or not.
Of the bench of five judges, three judges – Justices Rohinton Nariman, Uday Lalit and Joseph Kurien ruled that triple talaq is unconstitutional and hence with a majority of 3:2, the Supreme Court has banned the practice of triple talaq for next 6 months. Calling it unconstitutional and against the rights of Indian Muslim women, the practice is now illegal for six months and Supreme Court has noticed the Centre to bring out a special Muslim divorce law within the time period.
So what happens after 6 months? Well, the ball is in Parliament’s court now – a law must be passed and made to come into force within these six months; and if that does not happen, then Supreme Court’s injunction on triple talaq will continue. Triple talaq has been a matter of differences in opinions – some call it a basic right as per Islamic law and a practice 1400-year-old practice which must be respected, whereas some call it to be injustice to women because of technological as well as dire malpractice.
The Supreme Court has urged all political parties to keep their differences aside and help the Centre in developing an ideal law which can be brought out in practice. The new law must be constituted keeping human rights, secularism and gender justice in mind. Also, this was one of the most secular verdict from Supreme Court judge bench as all five senior judges belong to five different faiths – signifying the secular nature of India, to the core.