Fresh plea in Supreme Court against triple talaq

A fresh petition has been filed in the Supreme Court to declare the “triple talaq system” under Sharia law which enables Muslim men to unilaterally exercise the power of divorce, as invalid in law and unconstitutional. Last week, a Muslim woman from Jaipur moved the top court challenging the triple talaq she received from her husband through “speed post”.

Former Tamil Nadu MLA and rights activist Badar Sayeed has filed the present petition seeking intervention in a batch of petitions pending in the apex court challenging the triple talaq system of divorce. She drew the court’s attention to the plight faced by Muslim women in this country on account of arbitrary divorces imposed upon them by men without due intervention of courts. She said Muslim women are thrown away from their matrimonial houses causing sufferings to them and their children.

She said the kazis in Tamil Nadu are routinely and habitually issuing certificates to Muslim men, validating such pronouncements of triple talaq, causing prejudice and hardship to many women affected by such practices. Kazis have no power or legal authority to issue certificate of divorce certifying validity of triple talaq, in the manner in which it is being interpreted and used in the country.

The current scenario emerging from the imposition of unilateral triple talaq on Muslim women in India has resulted in infringement and violation of their fundamental rights of equality and rights guaranteed under Article 14 & 21 of the Constitution. It is well settled principle of law that a person cannot be a judge of his own cause and in the case of triple talaq, the Muslim men unilaterally decides to put an end to the matrimonial tie which is clearly opposed to public policy. It is only through the mandatory granting of divorce through due intervention of courts which would protect the interests of both parties for resolving their marital disputes.

Ms. Badar Sayeed submitted that such unilateral divorce and driving out women from their homes is a clear violation of human rights of Muslim women. It is the duty of every State under Article 15(3) of the Constitution read with Article 46 to ensure that rights of women, irrespective of their Religion/caste/Creed are uniformly protected. Though, it is ordained and also reiterated by Courts that Triple Talaq should precede mediation, etc, the rights of Muslim Women who are in a dis-advantaged position in Muslim Society, are hardly respected in any mediation or other processes preceding Triple Talaq.

She urged the apex court to formulate guidelines as was done in the 'Visakha case’ (relating to sexual harassment of women in work places). She said any rule of Shariat law or the provisions which encourages unilateral decision to put an end to marriage is to be declared unconstitutional and void.