On Tuesday, a bench of five Judges will be deciding whether the controversial Islamic practice — Triple Talaq — should be banned or not. The order is expected to be out by 10:30 am today. So far, Triple Talaq had been considered a legal practice for the Muslims according to the constitution.

However, several women who were divorced by their husbands through Whatsapp or Skype, had appealed to the court to abolish the practice of Triple Talaq.

The historic order on whether the practice will be coming to an end will be passed by the apex court today. Earlier, the court had clarified by saying that it may not deliberate upon the issue of polygamy and said it would only examine whether Triple Talaq was part of an ‘enforceable’ fundamental right to practice religion by the Muslims.

Previously, speaking on the issue of Triple Talaq, All India Muslim Personal Law Board had said that it would issue and advisory to Qazis so that the woman can opt out of Triple Talaq before giving her consent for the marriage.

The bench delivering the order comprises of all major faith — Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.

The ruling Bharatiya Janata Party (BJP), that stands against the practice of Triple Talaq and works on bringing uniform civil code, has termed the Islamic practice as ‘derogatory’, ‘unconstitutional’ and discriminatory for women.

The matter was highlighted on October 16, 2015, at the order of the top court in which it had directed the separate listing of a Public Interest Litigation (PIL) addressing the question of the rights of Muslim women.

First Published | 22 August 2017 8:19 AM
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