Independent Judiciary set to decide issue of legality of ‘Triple talaq’ in Muslim Law

Supreme Court of India

New Delhi: The issue of legality of the Triple- Talaq in Muslim Personal Law in India, is fixed to be examined by the Supreme Court of India. Even though a strong opposition is made from the influential Islamic bodies, against the judicial scrutiny of the Muslim Personal law, the Apex Court is now decided to examine the issue which was brought up in the petition filed by a Muslim woman- Shayara Bano.

In her petition, the petitioner- Shayara Bano has sought that a declaration to the effect that ‘the concept of triple talaq in the Muslim Personal law relating to divorce should be declared unconstitutional’, as she said the same is allowing the men in Muslims to treat the women like “chattel”.

By terming the triple- talaq concept as “arbitrary divorce”, the petitioner- Bano has claimed that using Skype, Facebook and even test messages, the “Muslim women have been given talaq”, and she alleged that there is “no protection” against such talaq. Moreover, she further added in her petition that, the hands of Muslim Women are tied “while the guillotine of divorce dangles perpetually ready to drop at the whims of their husbands”. She against claimed Muslim husbands are vested with the “undisputed power”.

In the facts of the story of Shayara Bano, she claimed to have been divorced by way of triple talaq by her husband, and it was after thirteen years of their marriage.

Now, the court is set to decide the petition of Shayara Bano along with the Suo Motu proceedings, which was initiated by the Supreme Court, will be taken up for examining the issue of triple talaq and whether there is an actual need to protect Muslim women against it.

Earlier, the Supreme Court’s concerned bench of Chief Justice of India- T. S. Thakur and Justice U. U. Lalit asked the Centre and other bodies to submit their responses on the petition of Shayara Bano. The Centre was also directed to file the report of the high level committee, within six weeks.

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