Finally, Justice to gender equality and dignity has been upheld by the Hon’ble Supreme Court as Court today rendered Talaq-e-biddat (Triple Talaq) as unconstitutional. The bench comprising of the Judges from different coterie, judgment was pronounced by 3:2 majority, Justice Kurian Joseph, Ā Justice UU Lalit and Justice RF Nariman delivered a majority view;Ā Chief Justice JS Khehar and Justice Abdul Nazeer have dissented.
However, the majority view have been bifurcated asĀ Justices Nariman and Lalit held unconstitutional on the rationale that it is violative of Article 14 (Right to Equality), further, Ā Justice Joseph struck down the practice on the ground that it goes against Shariat and the basic tenets of the Quran.
CJI and Justice Abdul Nazeer reckoned that the aforesaid practice is theĀ integral to Islam and part of personal law, further, it is not violative of Article 14, 15 and 21 as it is not a sanction against state action and direct Centre to formulate law in this regard within six months until then court injuncted the said practice.