India’s Supreme Court: ‘triple talaq’ arbitrary and capricious

“The third kind of ‘talaq’ is – ‘talaq-e-biddat’. This is effected by one
definitive pronouncement of ‘talaq’ such as, “I talaq you irrevocably” or
three simultaneous pronouncements, like “talaq, talaq, talaq”, uttered at
the same time, simultaneously. In ‘talaq-e-biddat’, divorce is effective
forthwith. The instant talaq, unlike the other two categories of ‘talaq’ is
irrevocable at the very moment it is pronounced. Even amongst Muslims
‘talaq-e-biddat’, is considered irregular . . . . this Court has been called upon to determine, whether the practice of ‘talaq-e-biddat’ was compatible with contemporary constitutional morality and the principles of gender equality and gender equity guaranteed under the Constitution . . .it is clear that this form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the
1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down
as being void . . . ‘ click here.