‘TRIPLE TALAQ’ JUDGEMENT TODAY

NEW DELHI: The Supreme Court would tomorrow pronounce a historic judgement on the controversial issue of whether the practice of 'triple talaq' among Muslims is fundamental to the religion.

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 summer vacation. During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims. Besides CJI Khehar, the bench also included Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer.

The bench, made up of judges from different religious communities -- Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.

The petitioners had claimed that the practice of 'triple talaq' was unconstitutional.

The Muslim women, who had filed the petitions, have challenged the practice of 'triple talaq' in which the husband pronounces 'talaq' thrice in one go, sometimes even by phone or a text message, to get a divorce.

During the hearing, the apex court had observed that the practice of 'triple talaq' was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

Several lawyers including noted jurist Ram Jethmalani had attacked the practice on various constitutional grounds including the right to equality and termed it "abhorrent".

It was argued that triple talaq was a discrimination on the ground of sex and this practice was abhorrent to the tenets of holy Quran and no amount of advocacy can save this "sinful" practice which is contrary to constitutional tenets.

The Centre had told the bench that it will come out with a law to regulate marriage and divorce among Muslims if 'triple talaq' is held invalid and unconstitutional by the apex court. The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial". It has said that all personal laws must be in confirmity with the Constitution and rights of marriage, divorce, property and succession has to be treated in the same class and has to be in conformity with the Constitution.