A five-judge Supreme Court Bench, headed by Chief Justice of India J.S. Khehar, on Tuesday pronounced its judgment on the legality of the Islamic personal law practice of triple talaq and whether it is violative of the fundamental and human rights of gender equality and dignity of Muslim women.
In a 3:2 majority judgment, the Bench set aside talaq-e-biddat or instant 'talaq', the practice of Muslim men divorcing their wives by uttering 'talaq' thrice consecutively.
Live updates:
7:50 pm: Finance MinisterArun Jaitley says, “It is a progressive decision which judiciary has taken ... Now the majority decision is the law of the land,.”
“The defaulting husband could even take advantage of his own wrong and terminate the relationship. This injustice and oppression on female spouse and virtually left her remedy-less,” he said, adding that it was being contended over the last several decades that this practice has become obsolete.
“The decision which has come on 70th year of independence is a very progressive one and it should be welcomed by all section of the society,” he said.
“I think the Supreme Court has stepped in at the right time. The majority view of the SC is absolutely clear that this instance pronouncement is not fundamental to the religion itself.
“It is not an essential part of the religion and therefore it is discriminatory, it compromises the dignity of women itself and being violative of constitutional guarantees itself is void,” he said.
7:40 pm: Veteran actor Shabana Azmi tweets: “I welcome the Supreme Court judgement on instant Triple Talaq. Its a victory for brave Muslim women who have waged battle against it for years.”
Actor Anupam Kher says the decision of triple talaq is for the win of women empowerment.
Dia Mirza says, “A win for democracy! Historic day for women’s rights in our country. Equality, triple talaq, human rights, Supreme Court.”
7:35 pm:Attorney General K.K. Venugopal says, “I welcome the judgment. Rohatgi as the then Attorney General did a commendable job in presenting the Central government’s stand.”
7:30 pm: Senior advocate Mukul Rohatgi , who had advanced Centre’s stand against the practice of triple talaq as the Attorney General, welcomes the Supreme Court ruling, saying it is a step towards achieving the ultimate goal of a uniform civil code (UCC).
“If these personal laws were arbitrary and pernicious traditionally, they must give way to the doctrine of equality and the right to have a dignified life for all citizens. This was the stand of the government which has been completely vindicated,” the former AG says.
“It is a path-breaking judgment. The Supreme Court has redeemed the dignity and liberty of a vast population of the country. Women of the Muslim community can now march towards progress, prosperity and education like other citizens of India.
“They can lead a life of dignity without any fear or apprehension that they can be thrown out of their matrimonial home any time,” he says.
5:10 pm: The Central government will soon issue advisory to all States to ensure the compliance of the Supreme Court order on triple talaq .
As a matter of practice, key Supreme Court judgments are sent out in the form of advisory to State DGPs and Chief Secretaries for compliance. The Supreme Court order on acid attacks against women and that on 498A were also sent in the form of advisory to all States.
4:25 pm: BSP chief Mayawati welcomes the Supreme Court judgment; says it is in the interest of Muslim women. It is now the Centre's responsibility to follow the Supreme Court's directions and bring in legislation within the given time period without engaging in "politics of a secret RSS-agenda."
4:20 pm: Senior advocate Kamini Jaiswal says, ''I am very disturbed by the minority judgment in the case. How can they say that triple talaq should be allowed on the grounds of Article 25 of Constitution (Freedom of Religion) and then in the same breath say that the government should legislate on the issue. But I fail to understand how any one can find triple talaq , which is a inhuman practice, which allows women to be treated as property. How can marriage be a matter of faith? The day was saved by the majority judgement and I am quite relieved that this archaic practice is done away with.''
4:00 pm: Women's activist Ranjana Kumari says, ''It is big blow to a practice that exploited women in the name of religion. At the same time, I feel the government should cease the movement to do away with all personal laws, whether Hindu, Parsi or Sikh, which discriminate against women.''
3:50 pm:Historian and social commentator, S I Habib had this to say, ''These women first knocked on the doors of the All India Muslim Personnel Board [AIMPLB], who ignored and mocked them. This situation would not have arisen had the AIMPLB, who claim to be leaders of Indian Muslims, had acted on the issue long back. Instant triple talaq is an un-Islamic practice. And the triple talaq that Quran recommends is a complicated and complex method that all the maulvis simply ignore.
3:40 pm: Law minister Ravi Shankar Prasad says the court judgment is a great dawn for women empowerment. "The judgment is very special and historic," he points out. On need for making new law, he says: "We will consider the issue in a structured manner but prima facie reading of the judgment is that triple talaq has been declared unconstitutional and illegal."
3:20 pm: Advocate Indira Jaising , who appeared on behalf of Muslim women petitioners said: "This battle has been going on for 25 years now. It began with Mary Roy Judgment [1986] against inheritance laws which till then were biased towards sons. It resurfaced during the Geeta Hariharan Judgment [2015] that gave rights to mothers to be sole guardians of their children. Today's judgment is also a step forward."
2:40 pm: Senior advocate Rebecca John says, "It's a 400-page judgment and I haven't read it through. But based on the news reports, I must say it is a good and progressive one, which was long overdue for Muslim women, who have fought long and lonely battle. If anyone has to be celebrated for this, then it has to be the petitioners and those who stood by them all this while. I welcome the fact that a regressive unjust practice has been set aside."
On problems in its implementations, she says, "A judgment can't be criticised on the grounds that it will difficult to implement. Take for example the Vishaka Judgment [1997]. Did anyone think it will be so widely implemented with most places will have a committee to look at sexual harassment at workplace?"
2.00 pm: AIMPLB says it will hold internal deliberations before releasing an official stand on the Supreme Court verdict. An executive member of the body said the judgment would have “wide ramifications” as it may affect the religious rights of minority groups.
1.40 pm: Prime Minister Narendra Modi in a tweets says, "Judgment of the Hon'ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment."
1.30 pm:Uttar Pradesh Chief Minister Yogi Adityanath, who had regularly referred to the issue in his speeches, hails the verdict. "We welcome the Supreme Court verdict on triple talaq . It will allow Muslim women to her justice," he said.
1:21 pm: Congress welcomes the judgment.
1:10 pm: BJP chief Amit Shah, welcoming the verdict, says: "the judgment marks the beginning of a new era of pride and equality for Muslim women. The BJP welcomes the respects the expansion of Muslim women's rights and sees today's court order as a step towards a determined New India."
12:20 pm: Puducherry Governor Kiran Bedi welcomes the verdict. In a tweet, she says, "Apex Court is directing the Legislature to do what it should have done long ago i.e. undo the injustice that Muslim Women have been suffering."
BJP leader Shazia Ilmi tweets, "The update is heartening. 3 judges call TT unconstitutional! Great!"
12:10 pm: Zakia Soman, co-founder of the Indian Muslim Women’s Movement, says: “It’s a very happy day for us. It’s a historic day.” The Movement was part of the legal battle to end triple talaq . “We, the Muslim women, are entitled to justice from the courts as well as the legislature,” she added.
11:08 am: Reading out the final order of the court at the end of the judgment pronouncement session, Chief Justice Khehar addresses the courtroom and concludes that "by majority of 3:2, talaq-e-biddat (instant talaq ) is set aside.
11:07 am: f Justice J.S. Khehar holds that talaq-e-biddat is an integral part of Article 25 (freedom of religion). That it has been followed for over 1,400 years by the Hanafis and has become a part of religious practice. He also holds that instant talaq does not violate Articles 14, 19 and 21 of the Constitution, and passes it on to the legislature within six months to decide a law.
Invoking extraordinary jurisdiction under Article 142, the Chief Justice injuncts Muslim men from divorcing their wives using instant talaq . This view is endorsed only by Justice S. Abdul Nazeer, thus, making it a minority judgment.
11:05 am: Justices Kurian Joseph and Rohinton Fali Nariman give separate judgments. Justice U.U. Lalit supports Justice Nariman's judgment. This makes the triumvirate of the majority of three judges who rule against instant talaq .
11:00 am: In a 3:2 majority judgment, the court sets aside talaq-e-biddat as manifestly arbitrary. Justice, Justice Joseph and Justice Nariman hold triple talaq as unconstitutional. CJI Khehar and Justice Abdul Nazeer hold it constitutional.
10:50 am: Court expresses the hope the Centre's legislation will take into account concerns of Muslim bodies and Sharia law. Asks political parties to keep their differences aside and help the Centre in bringing out law on t riple talaq . If law doesn't come in force in six months, then Supreme Court's injunction on triple talaq will continue. (PTI)
10:40 am: Court bars triple talaq for 6 months. Asks the government to bring in legislation.
10:30 am: The Bench assembles to pronounce the verdict.
10:15 am: The Centre claims that instant talaq is not fundamental to Islam. It promises to bring a new divorce law for Muslim men in case the court strikes down the three forms of talaq — Ahsan, Hasan and Biddat .
10:00 am: The judgment on the constitutionality of triple talaq may also decide the age-old debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.
Article 13 includes in its ambit any “ordinance, order, by-law, rule, regulation, notification and even customs and usages” passed or made by the Legislature or any other “competent authority”. It mandates that any law in force in the country before or after the commencement of Constitution should not violate the fundamental rights of citizens enshrined in Part III.
On October 16, 2015, the Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere chattels. In a rare move, it registered a suo motu public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine if arbitrary divorce, polygamy and nikah halala (where a Muslim divorcee marries a man, divorces him to get re-married to her former husband) violate women's dignity.
