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

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

The apex court by 3:2 verdict held that the triple talaq 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: Triple Talaq is gone. There is no Triple Talaq as of today, August 23

* Barkha Shukla Singh‏: Only BJP govt led by PM Narendra Modi had resolved to oppose regressive triple talaq. 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, Triple Talaq is invalid

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

Judgment of the Hon'ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.

— Narendra Modi (@narendramodi) August 22, 2017

We welcome the judgment of the Hon’ble #SupremeCourt of India. #TripleTalaq

— Ministry of WCD (@MinistryWCD) August 22, 2017

It’s an important step paving way for equality & protection of women: Smt @Manekagandhibjp. #TripleTalaq

— Ministry of WCD (@MinistryWCD) August 22, 2017

Lucknow: All India Muslim Women's Personal Law Board President Shaista Amber celebrates after SC majority bench's decision on #TripleTalaq pic.twitter.com/eqQen051DW

— ANI UP (@ANINewsUP) August 22, 2017

Muslim samaj mein auraton ki stihi ko samjha jaye,is judgement ko accept kiya jaaye aur jaldi se jaldi kanoon bane:Shayara Bano #TripleTalaq pic.twitter.com/AcraKbcdWM

— ANI (@ANI) August 22, 2017

Judgement ka swagat aur samarthan karti hun. Muslim mahilon ke liye bahut etihaasik din hai: Shayara Bano #TripleTalaq victim & petitioner pic.twitter.com/L9yhzlFnBT

— ANI (@ANI) August 22, 2017

Justice Nariman said #TripleTalaq is a part of 1934 act should always be tested on constitutionality& said its unconstitutional: S Mehmood pic.twitter.com/b6fQjnxJIc

— ANI (@ANI) August 22, 2017

Welcome SC 's judgement, request Central Govt to bring in a legislation soon: MP CM Shivraj Singh Chouhan #TripleTalaq pic.twitter.com/SriMbMK0a6

— ANI (@ANI) August 22, 2017

Have respected SC's judgements in past, today's judgement on #TripleTalaq will also be considered by us: Z Jilani, member, AIMPLB pic.twitter.com/whhVOxnp9z

— ANI (@ANI) August 22, 2017

In a welcome move, Hon'ble #SupremeCourt set aside unconstitutional practice of #TripleTalaq. A victorious step towards women empowerment. pic.twitter.com/Qte81jEX89

— Arjun Ram Meghwal (@arjunrammeghwal) August 22, 2017

What the judges said

Justice Kurien said that Triple Talaq 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 triple talaq is upheld as invalid.

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

Rohatgi also conveyed to the apex court bench that triple talaq 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 Triple Talaq.

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 triple talaq 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 triple talaq.

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 "triple talaq 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 triple talaq 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 triple talaq.

The board also showed the court a resolution passed on April 14, 2017, which stated triple talaq 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 Triple Talaq as a social problem and it would be good if Muslim society itself resolves it.