Instant triple talaq struck down: Find no reason for independent India to lag behind says SC
The Supreme Court while exercising its extraordinary jurisdiction under Article 142 barred Muslim men from divorcing their wives through instant talaq. This order would be in force for the next six months until the Centre comes up with a new law as per the directive of the Supreme Court.
Chief Justice of India, J S Khehar who wrote the minority verdict for himself and Justice Abdul Nazeer observed, "When the British rulers in India provided succour to Muslims by legislation, and when remedial measures have been adopted by the Muslim world, we find no reason, for an independent India, to lag behind. Measures have been adopted for other religious denominations even in India, but not for Muslims. We would, therefore, implore the legislature, to bestow its thoughtful consideration, to this issue of paramount importance," Chief Justice Khehar observed.
The CJI directed the government to frame a law to address the issue of Muslim women under the yoke of triple talaq, especially instant talaq. He said social evils such as sati, infanticide and devadasi system were cast out by way of legislation and not by judicial orders.
India is committed to gender equality and eradication of discrimination on the basis of sex, the minority verdict said. "We have not the least doubt, that the Indian state is committed to gender equality. This is the clear mandate of Article 14 (equality before law) of the Constitution. India is also committed to eradicate discrimination on the ground of sex. Articles 15 and 16 of the Constitution, prohibit any kind of discrimination on the basis of sex." "There is, therefore, no reason or necessity while examining the issue of 'talaq-e-biddat', to fall back upon international conventions."