SC on triple talaq: Soli Sorabjee calls verdict 'progressive'
New Delhi, Aug 22: Former Attorney General of India Soli Sorabjee on Tuesday termed the Supreme Court verdict on triple talaq as "progressive", adding that it would protect the rights of Muslim women.
He said no Muslim husband would now be able to divorce his wife using this method.
"It is a progressive judgement which has protected the rights of the women and now no Muslim man can divorce his wife through this method," the noted jurist said.
He, however, said that it "would have been better" if the judgement was given unanimously by the five-judge Constitution bench.
"I am in agreement with the majority verdict, which is binding. The minority view is to bring a law in the issue in next six months," Sorabjee said.In a 3:2 majority verdict the court held that the practice was unconstitutional and it violates fundamental rights of a woman as it irrevocably ends the marriage without any scope of reconciliation.
The CJI and Justice Abdul Nazeer had said that the practice could not be barred. It had directed the centre to come up with a legislation within six months. However, the other three judges on the Bench Justices Kurian Joseph, R F Nariman and U U Lalit declared the practice as unconstitutional. The practice of triple talaq is now held unconstitutional due to a 3:2 majority.
''Its a small step from Supreme Court, a giant step for women, It is a very, very important judgment. This makes women equal, as they are entitled to be under the Constitution,'' Union Minister Maneka Gandhi said on the judgement.
The majority observed that triple talaq violates fundamental rights of a woman as it irrevocably ends marriage without any scope of reconciliation. Justice Nariman while dissenting with the CJI said triple talaq is a disapproved form of divorce.
Justice Kurian Joseph who also dissented with the CJI said that there are four sources of Islamic law. Only the Quran is the first source of law, therefore sources other than the Quran are supplement to what is in it. Therefore, there can be nothing more than what is written in the Quran.