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Supreme Court Says Instant Triple Talaq Is Unconstitutional

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The Supreme Court on Tuesday set aside the practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution. Three judges on the 5 judge Constitution bench decided against triple talaq while two ruled in favour. Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq needs to go while CJI JS Khehar and Justice Abdul Nazeer backed triple talaq. A bench comprising five judges, headed by Chief Justice J S Khehar, had reserved its verdict on May 18, six days after the hearing began on May 11.During the hearings, the court had clarified that it would only deliberate whether the practice of ‘triple talaq’ is part of an “enforceable” fundamental right to practice religion among Muslims and not on the practice of polygamy. The bench, which includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, while deliberating the issue, heard several pleas filed by Muslim women who had challenged the practice of instant triple talaq, where a man divorces his wife by pronouncing the word ‘talaq’ thrice.

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