Supreme Court to Check Legality of 'Triple Talaq'

NEW DELHI: Acting on a Muslim woman’s petition on the discriminatory practice of ‘Triple Talaq’, common among Muslims, Supreme Court has decided to examine the constitutionality of the Islamic tenet and has asked the Solicitor General Tushar Mehta to file the Centre’s response to the woman’s petition.

Uttarakhand based Shayra Bano was given a divorce by her husband using the same method of ‘Triple Talaq’-- which requires one to say the word ’talaq’ three times without any say in it of the wife-- after 13 years of her marriage and now she has filed a petition to eradicate this practice from the rule books of Islam.

"Muslim women have been given talaq over Skype, Facebook and even text messages. There is no protection against such arbitrary divorce. They have their hands tied while the guillotine of divorce dangles perpetually ready to drop at the whims of their husbands who enjoy undisputed power," Shayra Bano said in her petition.

Supreme Court has taken up the issue despite the protests of many Muslim bodies which oppose any tinkering with the Islamic law citing its divine extraction. As they argue that the practice is derived from the ‘Koran’ and not from any legislature thus it should remain beyond the judicial ambit.

Among the Muslim bodies opposing any reform in the divorce law the All India Muslim Personal Law Board and Jamiat-e-Ulema are the most prominent.

Court has also decided to take the reformative action after having perused a study named 'Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession', which was completed by a High level committee formed as directed under the UPA government. The study was completed and submitted to Women and Child Development Ministry last year.

The Apex Court has asked the SG to attach a copy of the said study along with the response.

In her petition Shayra Bano also attacked the practice of polygamy sanctioned in Islam as a discriminatory one. "Religious officers and priests like imams and maulvis who propagate, support and authorise practices like triple talaq and polygamy are grossly misusing their position, influence and power to subject Muslim women to such gross practices which treat them as chattels, thereby violating their right to equality, right to life and right to profess religion," it said.