The Supreme Court of India struck down the unethical practice of ‘Triple Talaq’ on Tuesday. The practice, exercised by some Muslim communities in India, permitted men to instantly divorce their wives, after uttering the word ‘Talaq’ thrice. Five judges from various religions, constituted the bench who deliberated on the matter for three months. Seven Muslim women had filed a petition against the cruel practice, after they were divorced through Triple Talaq.
The bench issued the order that the Muslim practice of instant divorce (Triple Talaq) is illegal and strips women of their rightful honor and prestige. It furthermore stated that the Triple Talaq practice is not religious, and a blow to the constitutional morality of the country.
The bench was headed by Chief Justice, J S Khehar and justices from four major faiths- Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism.
The bench heard petitions from the Muslim women who filed cases, challenging the 1,400-year-old practice. One of them was a woman who was divorced via the phone app WhatsApp. The bench asserted that while the practice may be permissible in the religion, yet is retrograde and unworthy, ripping off marital ties and ultimately leads to the violation of the right to equality.
Muslims in India follow personal law that came into existence in 1937. The Muslim Personal Law Board was of the view that the court should not intervene in matters of faith. The Supreme Court was told by the Center that unethical practices like Triple Talaq dismantle the entire social strata and is a blow to the dignity of Muslim women, denying them of their Fundamental Rights as guaranteed by the Indian Constitution.
Justice Nariman and Justice Lalit of the bench argued that divorce disrupts a marital tie, besides having serious psychological repercussions on the children from such marriage. Justice Joseph supported the verdict,stating that constitutional protection must not be delivered to such unethical practices.