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Tuesday, August 22, 2017

Supreme Court Bars Triple Talaq

On the issue of Triple Talaq, the Supreme Court has given its historic judgment on Tuesday. The Supreme Court has made the Term of Triple Talaq the Thing of Past.
The court said in its verdict that the central government will make laws about it in Parliament within 6 months. The bench of 5 judges led by Chief Justice of the Supreme Court J.S.Kher, has given its verdict. Three judges in the court were in favor of declaring three divorces as unconstitutional, while two two judges were not in favor.

Live updates related to three divorce decisions -
During the hearing, Justice RF Nariman, Justice Kurian Joseph and Justice UU Lalit were in favor of declaring Triple Talaq as unconstitutional. Chief Justice JS Kher and Justice Abdul Nazir were in the favor.
- The Supreme Court has finished Triple Talaq in its verdict, the court has described it as an unconstitutional.
- The Supreme Court said that there is no violation of the  Articles 14, 15 and 21. That is, three divorces can not be declared unconstitutional.
- Court proceedings begin, Chief Justice J. S. Khehar started speaking
- Hearing of case in Supreme Court room no. 1.
- Petitioner Saira Banu, Personal Law Board lawyer, Kapil Sibal, reached the Supreme Court.
- Saira Bano, who filed the petition on this issue before the court, said before the verdict that I hope the court's decision will come in my favour. Whatever decision we make, we will welcome it.

Three Judges were against  Triple Talaq
Significantly, the Bench of 5 judges was hearing the issue. The hearing lasted six days in the court. The central government had made clear in the affidavit filed in the Supreme Court that it does not consider the practice of Triple Talaq legal and it is not in favor of continuing. During the hearing, Attorney General Mukul Rohatgi, while requesting the court to take three divorces as a "tragic" practice, said that he took steps in the matter as the guardian of 'Fundamental Rights'.

The bench of these five judges pronounced the judgment
1. Chief Justice JS Khehar
2. Justice Kurian Joseph
3. Justice RF Nariman
4. Justice Uu Fine
5. Justice Abdul Nazir

This was the argument of the Muslim Personal Law Board
At the same time, on behalf of the All India Muslim Personal Law Board, the lawyer Kapil Sibal had said that Triple Talaq have been going on since the last 1400 years. If the birth of Ram in Ayodhya can be a matter of faith, why not issue Triple Talaq may be the subject of faith.

Practice of Triple Talaq Should End
But then Mukul Rohatgi, who has argued that Saudi Arabia, Iran, Iraq, Libya, Egypt and Sudan country over the law's three divorces, we can not do. Attorney General Mukul Rohatgi told the bench, 'If the court is immediately revoked how divorced we will not isolate. We will bring a law to regulate marriage and divorce among Muslims. "
Modi had talked  about it from the ramparts of Red Fort
In his speech to the Red Fort on August 15, the PM said that due to the three divorces, some women are facing many problems, the sisters suffering from the menace of Triple Talaq raised the movement in the country, the media helped them remarkably. I congratulate the sisters running the movement against the Triple Talaq, the whole country will help them.

Fight of women's rights
On Triple Talaq the center said that this matter is not of the majority versus the minority. This is the fight of women's rights within a religion. In this case, the Center will do whatever it takes to bring the bill, but the question is what will the Supreme Court does? After this the Chief Justice said that the Supreme Court can not ignore untouchability, child marriage or other social evils in Hindu religion. However, Courts can not and should not remain just the mute spectators; we have our responsibility in this matter.

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