TRIPLE TALAQ: TALAQ-E-BIDDAT
Shayara Bano
v.
Union of India
(2017) 6 Mad LJ 378: 2017 (9) SCC 1: 2017 (9) SCALE 178: AIR 2017 SC 4609
Decided on: 22-08-2017
Hon’ble Judges: J .S. Khehar, CJI, Kurian Joseph, R.E Nariman, U. U. Lalit and S. Abdul Nazer, JJ.
Fact: Petition was’ filed before the Supreme Court challenging the practice of Triple- Talaq. Petitioner argued that the practice of Triple- Talaq allowed a Muslim man to divorce his wife instantaneously by saying the word ‘talaq’ for 3 times, which violates Muslim women’s right to equality.
Issue: Whether practice of “Talaq-E-Biddat” is violative of the fundamental rights and whether section 2 of Muslim Personal Law (Shariat) Application Act, 1937 is void?
Held: By 3:2 majorities, Supreme Court declared the practice of Talaq-E-Biddar or Triple Talaq unconstitutional. Majority view: R.E Nariman and Uday Umesh Lalit,
This form of Talaq is manifestly arbitrary in the sense that marital tie can be broken capriciously and whimsically by Muslim man without any attempt at reconciliation. This form of Talaq must be held to be violative of Fundamental Right’s Contained under Article 14 of Constitution and Muslim Personal Law (Shariat) Application Act, 1937 must be struck down as being void to the extent it recognizes and enforces Triple Talaq within the meaning of the expressions “laws in force” in Article 13(1).
Minority view (concurring By Kurian Joseph, J) It is found extremely difficult to agree with CJ that practice of triple talaq has to be considered integral to religious denomination in question and that same is part of their personal law. After introduction of 1937 Act, no practice against the tenets of Quran is permissible. There cannot be any Constitutional protection to such a practice and thus court disagrees with the Chief Justice for the constitutional protection given to triple talaq. However the majority opinion has outlawed Triple Talaq.
