From suo motu to judgment: The arguments for and against triple talaq

The twists and turns taken during the marathon hearing on triple talaq in SC

A view of Supreme Court building in New Delhi.   | Photo Credit: Shiv Kumar Pushpakar

The marathon SC hearing on the question whether instant talaq or talaq e biddat is violative of the dignity of Muslim women was replete with memorable quotes from both the five-judge Bench of the Supreme Court and the lawyers arguing the cases for triple talaq and against.

Here is a few of them:

In case we hold in your (government's) favour that all forms of triple talaq is bad. What is the procedure for a husband to seek divorce? Justice U.U. Lalit

If Your Lordships strike down all three forms of talaq e biddat (instant talaq), talaq hasan and talaq ahasan- I (the Centre) will bring a law… Muslim women want their dignity, freedom to live without fear of triple talaq. They want to have a life equal to that of another woman, say a Christian or a Hindu wife: Attorney General (then) Mukul Rohatgi

Till Parliament frames a law for men, The Dissolution of Muslim Marriages Act can extend to them also… Can what (instant talaq) is sinful in the eyes of God be made lawful by man? Justice Kurian Joseph

Practices like Sati, infanticide and devadasi system were given the death blow by legislation and not courts: Chief Justice J.S. Khehar

I am not here to argue that Muslim law is better than Christian law or Hindu law is better than Muslim law. Should not these personal law practices, whether it be Muslim, Christian, Parsi, Sikh or Hindu, stand the scrutiny of the fundamental rights under the Constitution? Indira Jaising

A social reform whose time has come cannot be obstructed by Article 25 (right to religious beliefs). Muslim men have an unqualified, untrammeled, unguided, untested and absolute right” to dissolve marriage by simply uttering ‘talaq, talaq, talaq’: A.S. Chadha for Shayara Bano

Muslim women, merely by virtue of their religious identity and religion they profess, cannot be relegated to a status more vulnerable than women of other religious faiths: Additional Solicitor General Tushar Mehta (verbatim quote)

If you yourself say this (instant talaq) is the worst form of divorce and sinful, how does it then become essential to religion?" Justice Rohinton Nariman to Jamiat Ulema e Hind.

No amount of advocacy by man will justify instant talaq pronounced to get rid of a woman on a whim: Ram Jethmalani

Your Lordships are not to decide what are the sinful practices of the world. Lot of sinful practices are still protected in the society… Triple talaq is a matter of faith for Muslims like how it is a matter of faith for the Hindus that Lord Ram was born in Ayodhya: All India Muslim Personal Law Board.

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Printable version | Jan 25, 2022 11:37:50 PM |

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