Triple talaq is henceforth unconstitutional! The Supreme Court, the apex body in our legal system, struck down the practice by a 3:2 majority, holding that it violates the fundamental rights of Muslim women. The verdict was delivered by a panel of five judges from different major faiths – Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
It was not smooth sailing, though. Judges against the practice opined that what is untrue in theology cannot be true in law, pointing out that the Koran does not recognise triple talaq and hence it cannot be protected under the right to religion. Those in favour of the practice felt that it is integral to the Sunni community and has been practised for a 1,000 years.
The ball now lies squarely in the court of the Parliament, which is tasked with bringing about new legislation to regulate marriage and divorce in the Muslim community.