In a unanimous decision, the top 5 senior most judges from the country have banned “Triple Talaq” for the next 6 months. The bench of 5 five judges said that “Triple Talaq” will be banned for 6 months until the Parliament brings in a Law.
All the 5 Judges in the bench were from different cultures of the society, viz., Chief Justice JS Khehar (Sikh) and Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim).
The constitution bench heard 7 different petitions filed by Muslim women challenging the 1,400- year-old practice of “Triple Talaq”, including by one who was divorced on WhatsApp. Although, the absence of a woman judge on this crucial panel that affects Muslim women across the country had drawn criticism. Justice R Bhanumati was the only woman judge in the top court.
In India, the Muslims are governed by the Muslim Personal Law that came into force in 1937. However, The NDA government has been opposing the Muslim Personal Law for a very long time on grounds that practices such as triple talaq violate fundamental rights of women. The Muslim Personal Law Board has opposed any court intervention, arguing that the court must keep out of matters of faith.