Page 543 - SSB Interview: The Complete Guide, Second Edition

Court had said that no personal law board was above the
constitution.

Protagonists, Challenge

8. The protagonists of the practice of triple talaq challenged the ban on the
following postulates:

a. Triple talaq is a practice sanctified by the sharia and attempts to ban

it is perceived as interfering in religious practices protected under

the freedom of religion in the Constitution.

b. The All India Muslim Personal Law Board (AIMPLB) argues that
the divorce rate among Muslims is much lesser than any other

community and as such, banning this practice is not warranted.

c. AIMPLB also claims that it had received forms from 35 million

Muslim women across the country, supporting Shariat and triple
talaq.

The Judgement

9. The case was called Shayara Bano v. Union of India and others. The
bench that heard the controversial Triple Talaq case in 2017 was made

up of judges of different religions. The five judges from five different
communities were Chief Justice J S Khehar (a Sikh), Justices Kurian

Joseph (a Christian), R F Nariman (a Parsi), U U Lalit (a Hindu) and

Abdul Nazeer (a Muslim).

10. The Supreme Court, in its 397-page judgement, ruled in favour of the

ban by a 3-2 margin. Two judges upheld the validity of triple talaq,
whereas three judges held the practice unconstitutional. The bench

directed the Central Government to promulgate legislation within six
months concerning marriage and divorce in the Muslim community. Till