Triple talaq case:supreme court to pronounce verdict on triple talaq today
New Delhi: Supreme Court’s decision will come today on three divorces. It will be decided by the verdict that arrangements will be made to break the marriage with three divorces simultaneously, or it will be eliminated in India as in many other Islamic countries. On this very important issue related to Muslim society, the Court’s Constitution Bench completed the hearing on May 18.
What things the court considered
The Bench mainly considered 2 things: –
* 3 Divorce is the fundamental and mandatory part of Islam. That is, it is an integral part of this religion, without which the nature of this religion will get spoiled.
* Do the men gain 3 divorces as fundamental rights ,Deprived the fundamental rights of Muslim women.
The court is about to answer these two questions in its decision. The same answer will decide whether 3 divorce arrangements will be made or will be canceled.
While deciding on a matter related to women’s rights in 2015, the Supreme Court itself has taken cognizance of the situation of Muslim women. The court said that hearing on the permission of 3 divorces, and 4 men marriage in Muslim society is necessary. It is necessary to see that even though these provisions do not deprive the Muslim women of the constitution due to equal rights and honor to every citizen. However, the legality of only three divorce cases has already been heard. The decision on that is to come. Other issues related to the Muslim Personal Law will be heard later.
Given the crucial constitutional questions related to the issue, it was handed over to the constitution bench of 5 judges. In the summer vacation, Constitution Bench specifically sit for hearing. The bench was headed by Chief Justice JS Khehar. The remaining members of the bench were Justice Kurian Joseph, Rohinton Nariman, Yu Lalit and S Abdul Nazir.
A total of 30 parties kept their arguments. Among them, 7 Muslim women – Shayra Banu, Nurjahan Niaz, Afreen Rehman, Ishrat Jahan, Gulshan Parveen, Atiya Sabri and Farah Faiz were also included. These women plead to cancellation of 3 Divorce from the court. Many organizations such as Muslim Women’s Movement, Muslim Women Personal Law Board, Lawyer Collective, supported this demand.
Organizations such as the Muslim Personal Law Board and Jamiat Ulema A Hind protested against the action of the court while interfering in religious matters. However, the central government also advocated cancellation of three divorce. On behalf of the government it was said that if necessary after the order of the court, the government will also bring the law on this issue.
Senior advocate Salman Khurshid kept the arguments in favor of the Amicus Curie, which means the helper of Court. They said that the arrangement of divorce A Bidtat is not in the original Islam. 21 Muslim countries have canceled it. These include Pakistan and Bangladesh.
During the hearing, attorney general Mukul Rohatgi, senior lawyers like Kapil Sibal, Raju Ramachandran, Indira Jaisingh and Ram Jethmalani also examined with different parties.
During the hearing, the articles 14, 15 and 21 of the Constitution were discussed. Article 14 and 15 give equal rights to every citizen. I.e. discrimination can not be against on the basis of caste religion, language or gender. However, Article 21 entitles given right to every citizen to live with respect. The anti- three divorce party has told men the right to break a unilateral marriage, against fundamental rights of woman.
