A five-judge Supreme Court Bench, headed by Chief Justice of India J.S. Khehar, on Tuesday pronounced its judgment on the legality of the Islamic personal law practice of triple 'talaq' and whether it is violative of the fundamental and human rights of gender equality and dignity of Muslim women.
In a 3:2 majority judgment, the Bench set aside talaq-e-biddat or instant talaq, the practice of Muslim men divorcing their wives by uttering talaq thrice consecutively.
Live updates
11:10 am: Advocate Farah Faiz reacts:
11:08 am: Reading out the final order of the court at the end of the judgment pronouncement session, Chief Justice Khehar addressed the courtroom and concluded that "by majority of 3:2, talaq-e-biddat (instant talaq) is set aside.
11:07 am: Chief Justice J.S. Khehar, who led the Bench, held that talaq-e-biddat is an integral part of Article 25 (freedom of religion). That it has been followed for over 1,400 years by the Hanafis and has become a part of religious practice.
He also held that instant talaq does not violate Articles 14, 19 and 21 of the Constitution, and passed it on to the legislature within six months to decide a law.
Invoking extraordinary jurisdiction under Article 142, the Chief Justice injuncted Muslim men from divorcing their wives using instant talaq. This view was endorsed was endorsed only by Justice S. Abdul Nazeer, thus, making it the minority judgment.
11:05 am: In the five-judge Bench, Justices Kurian Joseph and Rohinton Fali Nariman gave separate judgments against the validity of "irrevocable" divorce of instant talaq. Justice U.U. Lalit has supported Justice Nariman's judgment. This makes the triumvirate of the majority of three judges who ruled against instant talaq.
11.00am: In a 3:2 majority judgment, the SC sets aside talaq-e-biddat or instant talaq as manifestly arbitrary. Justice U.U Lalit, Justice Joseph and Justice Nariman hold triple 'talaq' as unconstitutional. CJI Khehar and Justice Abdul Nazeer hold it constitutional.
10.50: Supreme Court expresses hope the Centre's legislation will take into account concerns of Muslim bodies and Sharia law. Asks political parties to keep their differences aside and help Centre in bringing out law on triple 'talaq'. If law doesn't come in force in six months, then SC's injunction on Triple Talaq will continue. (PTI)
10.40am: SC bars triple talaq for 6 months. Asks government to bring legislation.
10.30am: The Five Judge Constitution Bench has assembled to pronounce the verdict.
10.15: The Centre claimed that instant 'talaq' is not fundamental to Islam. It promised to bring a new divorce law for Muslim men in case the court strikes down the three forms of 'talaq' — 'Ahsan, Hasan and Biddat'.
10.00: The Supreme Court’s judgment on the constitutionality of triple talaq may also decide the age-old debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.
Article 13 includes in its ambit any “ordinance, order, by-law, rule, regulation, notification and even customs and usages” passed or made by the Legislature or any other “competent authority”. It mandates that any law in force in the country before or after the commencement of Constitution should not violate the fundamental rights of citizens enshrined in Part III.
On October 16, 2015, the Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere chattels. In a rare move, it registered a suo motu public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine if arbitrary divorce, polygamy and nikah halala (where a Muslim divorcee marries a man, divorces him to get re-married to her former husband) violate women's dignity.