The Supreme Court on Tuesday upheld the constitutional validity of triple talaq – a practice already described by All India Muslim Personal Law Board (AIMPLB) as “horrendous”, “sinful” and “undesirable” which had no sanction of Holy Quran and Shariat.

A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.

Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.

However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.

CJI, and Lalit J: Triple talaq is personal law. Legislature should consider repealing it given that theocratic/ Islamic states have taken steps for reform. India must not lag behind. However, triple talaq is protected by Art 25. International covenants are of no use. While the court cannot intervene in personal law, this court invokes its power under Art 142 to injunct this practice for a period of 6 months within which time legislature should start process of consideration/enactment. Only Legislature can bring change to personal law. Legislature is implored to consider reform.

Kurian Joseph J: Issue is no longer res integra and what is wrong as per the Quran cannot be legally right. Triple talaq is against basic tenants of Holy Quran and Shariat as it provides no chance of reconciliation. I disagree with CJI that triple talaq is part of religious practice. There cannot be any constitutional protection to such practice.

Nariman J, and Abdul N, J: I disagree with CJI. There is no Art 25 protection. Court cannot fold its hands when Petitioners approach it under Art 32. I have discussed many authorities. After Shaimim Ara, this form of talaq does not offer chance of reconciliation and is therefore illegal as violative of Art 21. S. 2 of Shariat Act is invalid.

Here are the LIVE updates:

01. 14 pm: This verdict is historic, it’s not about anyone’s win or loss. I welcome this on behalf of the party: Amit Shah 

01. 10 pm: We hail the judgement, it protects personal laws and at the same time deprecates the practice of Triple talaq: Kapil Sibal

12.50 pm: What we hoped to happen has now happened, it is a good decision: Salman Khurshid on Triple talaq

12. 10 pm: It’s a good judgement and it’s another step towards gender justice and gender equality: Maneka Gandhi

12.06 pm: What will happen to those Muslim women who even after judgement will accept ‘Talaq’, all issues have to be addressed: Z Jilani, AIMPLB

11.50 am: Welcome SC ‘s judgement, request Central Govt to bring in a legislation soon: Madhya Pradesh CM Shivraj Singh 

11.35 am: I welcome the judgement by Supreme Court. It’s a historic day for Muslim women: Shayara Bano 

11. 26 am: CJI said matters of personal law cannot be touched by a constitutional court law or constitutionality cannot be tested: Saif Mehmood, lawyer

11.20 am: Supreme Court bans Triple talaq, calls it illegal

11.15 am: The judgement has vindicated the stated position of ours. We have always opposed instant triple talaq: D Raja 

11.10 am: Judgement called invalid

11.00 am: Justice Nariman, Lalit and Kurien say Triple talaq is unconstitutional, oppose view of Justice Nazir and CJI Khehar

10.55 am: CJI JS Khehar says Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years 

10.50 am: SC has asked govt to bring legislation within 6 months. CJI Khehar said that all parties must decide keeping politics aside

10.45 am: Talaq-e-Bidat has been stayed for 6 months

10.40 am: Talaq-e-Bidat isn’t violative of Article 14, 15 and 21, says CJI. Other judges are yet to deliver their verdict

10.35 am: Supreme Court upholds Triple talaq practice, asks Union Government to bring legislation

10.30 am: Verdict on triple talaq begins

10.00 am: It is a big day, let us see what the judgement says: Former attorney general Mukul Rohatgi 

09.50 am: I feel the judgement will be in my favour. Time has changed and a law will certainly be made, says Shayara Bano, Triple talaq victim and petitioner

First Published | 22 August 2017 10:41 AM
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