With the Muslim practice of Triple Talaq getting struck down as ‘unconstitutional’ with a 3:2 majority, senior advocate Subramanian Swamy, while welcoming the decision, said it was a ‘great day for women who defied male chauvinism.’ “It is a strong step taken in favour of those fierce and powerful women who defied male chauvinism. The practice was against the Constitution. Now, it is time for us to move towards a Uniform Civil Code,” Swamy told reporters here. Highlighting a further scope for improvement, Swamy stated that the six-month time period given to the Union Government to formulate a new legislation will help the society progress. The Supreme Court earlier struck down the practice of Triple Talaq as ‘unconstitutional’ by a 3:2 majority, after it resumed the hearing on the matter on Tuesday morning. The five-judge constitution bench headed by Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice. Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and unislamic.
The Supreme Court further directed the Union Government to formulate a new legislation within six months, with the involvement of all political parties, keeping politics aside. The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked “why can’t independent India get rid of it.” CJI Khehar, while pronouncing the judgement, however, upheld the practice and said, “Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution.”
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The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding ‘talaq-e-iddat.’ The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.