The Supreme Court will on Tuesday pronounce a verdict on the controversial issue of Triple Talaq. A five-judge constitution bench headed by Chief Justice J.S. Khehar 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 Muslim women’s right to equality within the community, and also within the country. Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time. The Attorney General and top law officers representing the Central government told the five judge Constitution bench that apex court should hear other cases also, besides Triple Talaq.
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However, the top court said that they have limited time, so all the matters could not be covered at present. The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice. However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that Triple Talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top court should not interfere in it.
While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court observed that it would examine whether the issue is fundamental to religion or not. Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim Personal Law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.
Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of ‘personal law’. In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice “unconstitutional.”.