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SC verdict on triple talaq: Ball is now in Modi's court, say lawyers

This is a historic day for Muslim women, says Shayara Bano on triple talaq case

BS Web Team  |  New Delhi 

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Supreme Court

The Supreme Court by a majority verdict today ruled that the practice of divorce through among Muslims is "void", "illegal" and "unconstitutional".

The apex court by 3:2 verdict held that the is against the basic tenets of Quran.

While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman, and U U Lalit held it as violative of the Constitution.

Here are some reactions

* Shayara Bano: I welcome Supreme Court's judgement. This is a historic day for Muslim women.

* PP Choudhary, MoS, Law: The verdict has just come. We will have to examine it.

* Maneka Gandhi: Suffering of women will end.

Salman Khurshid: What we hoped to happen has now happened, it is a good decision

Madhya Pradesh CM Shivraj Singh Chouhan: Welcome SC 's judgement, request central govt to bring in a legislation soon.

* Ashwini Upadhyay, advocate: is gone. There is no as of today, August 23

* Barkha Shukla Singh‏: Only BJP govt led by PM Narendra Modi had resolved to oppose regressive Today women have been given their dignity

* Priyanka Chaturvedi (Congress): Now let's see BJP&Modiji walk the talk on triple talaq, reform should have come from AIMPLB if not then legislation. SC has done its bit! All hail!

RK Kapoor, lawyer: Parliament can look to bring legislature on its own, but as of today, is invalid

Muslim Board Lawyer: We respect SC verdict on Triple Talaq:








What the judges said

Justice Kurien said that is not an essential part of Islam and enjoys no protection of Article 25, set it aside, said Saif Mehmood, Lawyer

CJI Khehar said that all parties must decide keeping politics aside.

CJI J S Khehar said that Talaq-e-biddat is not in violation of articles 14,15,21 and 25 of the Constitution

CJI said matters of personal law cannot be touched by a constitutional court law or constitutionality cannot be tested: Saif Mehmood, Lawyer
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 is upheld as invalid.


"The government will come out with the law to regulate marriage and divorce among Muslims if the court holds as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that 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

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 practice and wants to fight for women equality and gender justice.

Various petitioners had knocked the doors of the apex court seeking to strike down

While on May 22, the All Indian Muslim Personal Law Board (AIMPLB) filed an affidavit in the Supreme Court and said it would advise the Qazis to tell the brides and grooms to not resort to "in one sitting."

The All India Muslim Personal Law Board (AIMPLB) told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in 'nikahnama'. The board further said that a Muslim woman had every right to pronounce in all forms, and also ask for very high 'mehr' amount in case of talaq.

The board's reply came after CJI J.S. Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give the bride the right to not accept instant

The board also showed the court a resolution passed on April 14, 2017, which stated as a sin and that the community should boycott the person doing such an act. While Sibal earlier said the apex court should not decide or interfere in one's faith and belief.

Prime Minister Narendra Modi, on the occasion of 71st Independence Day, admired the courage of women who have been suffering due to Triple Talaq, asserting that nation is with them in their struggles.

Uttar Pradesh Chief Minister Yogi Adityanath had earlier described as a social problem and it would be good if Muslim society itself resolves it.

First Published: Tue, August 22 2017. 12:01 IST
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