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Petitioners Zakia Soman, Shayara Bano welcome Supreme Court's verdict on Triple Talaq

| | Aug 22, 2017, at 06:06 pm
New Delhi, Aug 22 (IBNS): Two main petitioners, Zakia Soman and Shayara Bano, on Tuesday welcomed the Supreme Court's declaration of instant Triple Talaq (oral divorce to Muslim women by their husbands) as "unconstitutional" by a 3:2 majority verdict.

Soman told journalists: "The fundamental right has been upheld by the Supreme Court order." Terming it a tyranny of the patriarchy, she said: "Muslim women in India have suffered for the last 70 years. It's a historic day for us, but it doesn't end here."

Other petitioner, Shayara Bano, a news channel: "Feeling good after hearing the news. It is a historic decision of Muslim women."

While the petitioner in the case from which the landmark verdict was awaited was 36-year-old Shayara Bano, spearheading the campaign to end triple talaq in the Muslim society is  Zakia Soman, the 50 plus co-founder of Bhartiya Muslim Mahila Andolan (BMMA, the other founder of which is Noorjehan Safia Niaz).

In what is seen as a landmark victory for the Muslim women fighting to scrap the practice of triple talaq, the Supreme Court on Tuesday said the practice is unconstitutional and asked the government to legislate a law in Parliament.

In a 3:2 verdict of the five bench judges' panel, the apex court said Triple Talaq is unconstitutional and illegal which  means it has been struck down.

The Supreme Court also put the ball in the court of the government to frame a law to ban it.

The Chief Justice of India JS Khehar gave his judgement while other judges pronounced their verdicts too. While triple talaq is thus effectively banned, the operative part of the judgement means it is an injunction for six months till a law is made.

Majority of the judges said the practice was violative of Indian constitution and retrograde.

However, contradicting with the SC's order, member of All India Muslim Personal Law Board (AIMPLB), Kamal Faruqui, said: "Triple Talaq is obviously an inappropriate practice but it is there in Sharia. We are no one to disobey Sharia."

Union women and child development minister, Maneka Gandhi, welcomed the verdict of the apex court. She was quoted by CNN news 18: "It is a small step from Supreme Court, giant step for women."

Triple talaq, widely practised in India, is a form of unilateral oral divorce to Muslim women by their husbands by uttering the word "talaq" thrice.

The five member bench led by Chief Justice of India, Justice JS Khehar heard the case. The panel of five judges have representation different different  faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

The five-judge bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.

The top court reserved its decision since the hearing concluded in May.

Prime Minister Narendra Modi earlier said he would try to give justice to the Muslim women even though some Muslim bodies  like the Muslim Law Board had opposed it.


Image: Zakia Soman Facebook

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