Why has the Indian Supreme Court banned Triple Talaq?

In a judgment handed down on 22 August 2017, the Indian Supreme Court banned the Triple Talaq, declaring it ‘unconstitutional’. The majority of the bench, made up of judges from five different faiths, described the Triple Talaq (aka Talaq-e-Mughallazah or Talaq-e-Biddat) as ‘not integral to religious practice’, holding that it ‘violates constitutional morality’.

If you’ve read my previous articles on the different types of Talaq you will be aware that it is this type of Talaq which causes the most distress and strife. This is because, on the face of it, the husband can unilaterally divorce his wife irrevocably with no scope for reconciliation. The point of there being no scope for reconciliation is of most importance here because there are other methods of pronouncing Talaq which do leave the door open for reconciliation between the parties but also have the effect of severing the marriage.

Read the full article here.