India’s Supreme Court reviews ‘ triple talaq’ divorce

MUMBAI: India’s Supreme Court court on Thursday began examining whether it was legal for a Muslim man to dump his wife by saying “I divorce you” three times, raising hopes among women campaigners of a long-awaited end to the “quickie” divorce.

The practise of “triple talaq” is allowed under India’s constitution that lets most religions, including Muslims, regulate matters like marriage and divorce through civil codes. But the instant divorce has come under increasing criticism as unconstitutional by violating the right to equality.

At the hearing on Thursday, five multi-faith judges of the court started to determine whether “triple talaq” is part of a fundamental religious right for Muslims.

“If we come to a conclusion that ‘triple talaq’ is part of (the) fundamental right to religion, we would not interfere,” the judges were quoted as saying by The Times of India.

Local media said the court has set aside six days for the hearing — half for those challenging “triple talaq” and half in defense — with the hearing expected to end by May 19. The Law Commission of India last year sought public views on whether to abolish the practice, triggering a debate between politicians and religious leaders.

More than 90 percent of Muslim women surveyed in 2015 by Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for women’s rights, wanted an end to “triple talaq.”

Noor Jehan from BMMA said they wanted the court to rule “triple talaq” was illegal and unconstitutional, with many women left without support after such a divorce.

“Thousands of Muslim women have been suffering for long and they will welcome it if the court ends this practice of unilateral divorce,” she told the Thomson Reuters Foundation.

The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposes any ban on “triple talaq” and argues this is a religious matter and not for the courts.