Centre has to prove triple talaq not essential in Islam, says Supreme Court

The Supreme Court today said it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.

A five-judge constitution bench headed by Chief Justice J S Khehar said “We have to see the test of essentiality and the government has to prove that ‘triple talaq’ is not an essential part of Islam as this will amount to tinkering with religion.” The bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, asked the government why it had not brought in a law to bring about reforms if it had found the practice of triple talaq as wrong.

Attorney General Mukul Rohatgi said that all the three forms of divorce among the Muslim community – talaq-e-biddat, talaq hasan and talaq ahsan, were “unilateral” and “extra- judicial”. “Yes, we can bring law. There is no law for past 60 years. It has not been done. But the court should first strike down these practices which are not in confirmity with the Constitution,” he said. Rohatgi said that since the court is dealing with only one form of talaq, therefore he was restricting itself to one form only although he considered all forms as …read more