Triple Talaq ban: Centre likely to introduce bill in Winter Session
The Union Government is likely to introduce a bill to end the practice of Triple Talaq in the upcoming Winter Session of Parliament.
A ministerial committee has also been constituted to frame a law to put an end to this draconian practice following the Supreme Court verdict in August this year.
On August 22, the Supreme Court struck down instant triple talaq or talaq-bid at while declaring it unconstitutional. 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, RF Nariman and U U Lalit declared the practice as unconstitutional.
The verdict of the Supreme Court is binding on all courts under Article 141 of the Indian Constitution. The courts hearing the triple talaq cases already filed will have to declare the divorce null and void.
Triple talaq is the practice under which a Muslim man can divorce his wife by simply uttering "talaq" three times. It is prevalent among India's Muslim community majority of whom follow the Hanafi Islamic school of law.