Petition on Triple Talaq still in a state of flummox

Supreme Court refuses to hear a recent plea


August 17, 2017

/ By / New Delhi


A recently filed plea against the arbitrary form of divorce, ‘triple talaq’, was declined by the Supreme Court of India (SC). Here is what do the apex court’s senior judges and the Indian Prime Minister have to say.

The SC, recently refused to entertain a recent plea challenging the constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy practices among Muslims saying a consideration on the issue is already pending with the court.

The apex governing body is yet to take a stand on the criminalising of ‘triple talaq’, an Islamic practice, which gives a man the authority to divorce his wife by saying ‘talaq’ the Arabic word for divorce, three times.

Forbidden in more than 20 Islamic countries, the practice of ‘triple talaq’ continues in India, and had been voiced out against previously as well.

Now a recent petition has brought the matter in news again; but the ruling body has to say that a decision on previous petitions will govern the outcome of the new one as well.

“We are of the view that the issues agitated in the instant petition are already pending consideration before this court.” “It is, therefore, not necessary for us to entertain another petition on the same cause, which is already before this Court,” a bench comprising Chief Justice J S Khehar and D Y Chandrachud said.

“It is needless to mention that the determination rendered in the pending petitions will govern the outcome of the present petition as well,” the bench further commented while disposing the recent plea filled by Gurudas Mitra.

Commenting on the three forms of talaq- Ahsan Talaq, Hasan Talaq and Talaq-ul- Biddat, senior advocate Soumya Chakraborty called them as being arbitrary, capricious and violative of fundamental rights of Muslim women.

A written submission by Chakraborty to the court also cited ‘Khula’ and ‘Mubarat’ as the only two traditionally acknowledged Muslim modes of dissolution of marriage at the instance of the woman.

“Apart from the spiritual tenets ingrained in the holy Quran, there being a wide variety of interpretations and divergent opinions among different scholars or schools of thought in the Muslim community, nothing is universally fundamental in the day-to-day practice of Islam,” Chakraborty has said.

Chakraborty has also pointed out that none of the three forms of talaq was being uniformly followed, nor they were being universally acknowledged, thus questioning the fundamentality of them in Islam.

The question on the constitutionality of triple talaq continues, as various parties, including the Centre, the All India Muslim Personal Law Board, the All India Muslim Women Personal Law Board and others await an action.

While these parties await a judgement from the SC, Prime Minister Narendra Modi has come out in support of women, voicing against ‘triple talaq’.

“I heartily commend those sisters who have launched this movement, who have been fighting against ‘triple talaq’ and I am confident that the country will help them in this struggle,” Modi recently said.



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