Triple Talaq : From SC to PM Modi, Who Said What?
Instant Triple Talaq Barred By Supreme Court Until Parliament Makes Law
From the ramparts of Red Fort on 71st Independence day celebrations, PM congratulated the Muslim women who suffered from triple talaq and raised their voice against the orthodox practice that had destroyed the lives of innumerable women. Earlier he had also said that “Muslim women are facing difficulties on the issue of triple talaq. We should work for solution at district level.”

Supreme Court’s Observation
Today, the Supreme Court of India has reiterated PM Modi’s observation and has put a ban on ‘triple talaq’, calling it illegal and unconstitutional. Three judges favour putting the practice on hold for six months, asking the government to make a law.
The verdict that came as a sigh of relief for the women who had been abandoned due to this controversial Muslim law, has seen years of opposition by women, activists and human rights organisation from within the community and equally gained external support.
Justice Kurian said, while delivering his verdict, that triple talaq was against the tenets of Holy Quran and hence violates Shariat law. While two judges ( Justice Nariman and Justice Lalit) set it aside terming it unconstitutional. Interestingly, CJI JS Khehar and Justice Abdul Nazeer backed triple talaq. “Triple talaq was part of Muslim personal law and hence enjoys status of fundamental rights,” said CJI Khehar.

The five judge bench, which gave the verdict and observed that it is “bad in law” and said: “We hope the legislature will consider and take into account Muslim Personal Law while making legislation. All parties must keep their politics away and decide this.”
Banned in Islamic Countries
Nothing that this practice has been abolished in over 20 Islamic countries, the court questioned, “Why can’t independent India get rid of it?”
It’s surprising that countries like Pakistan, Bangladesh and Iran have given away with triple talaq and yet India has continued with it forever and even today there is a major chunk of this country that is in support of the law.
Kapil Sibbal at the Helm
While putting forth the debate to keep triple talaq a legit Muslim law, Kapil Sibal on behalf of the All India Muslim Personal Law Board (AIMPLB) said, “If I have faith that Lord Rama was born at Ayodhya, then it’s a matter of faith and there is no question of constitutional morality. And why should court interfere? Similar is the case with triple talaq.”
No wonder Rajiv Gandhi overthrew the Supreme Court ruling on Shah Bano case in 1986. In the general election of 1984, INC had won absolute majority in the parliament. After the Shah Bano judgment, leaders in the Congress suggested Rajiv Gandhi that the govt needs to enact a law to overturn the judgement because the the Congress would face decimation in the polls ahead.

That’s what happened and in 1986, the Indian Parliament passed the act titled The Muslim Women (Protection of Rights on Divorce) Act, 1986, that nullified the Supreme Court’s judgment and the rest is history.
It made triple talaq legal for Muslims , but what also came along was several Muslim women being divorced in the freakiest way possible, including by Skype, on WhatsApp. The time came to counter again the the 1400-year-old practice.
Two of the three judges who differed said while triple talaq “may be sinful”, the court can’t interfere in personal laws that are considered a fundamental right by the constitution.

In the argument, All India Muslim Personal Law Board described the divorce practice as “horrendous”, “sinful” but also cautioned that “testing the validity of customs and practices was a slippery slope”.
