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Bhubaneswar: Nazma Bibi had her eyes glued to the TV sets since morning and her happiness knew no bounds after the Supreme Court scrapped the 'unconstitutional practice' of Instant Triple Talaq today.
Once a victim herself of the ‘unconstitutional practice’ some 14 years back, Nazma Bibi of Bhadrak heaved a sigh of relief after the apex court scrapped Triple Talaq till Parliament brings in legislation in six months.
The entire world had earlier turned upside down for Nazma after her husband Seikh Sheru had left her pronouncing the normal triple talaq. With the responsibility of four children, Nazma from Bhadrak had to fight against all odds alone for almost three years till the couple subsequently reconciled. They, however, got no help from voluntary organisations and even family court when the community resisted their decision to stay together again.
Later, the couple moved Supreme Court in 2005 which allowed them to stay together after scrapping the Talaq next year. The apex court had then also ordered for the protection of the couple.
“I had faced problems with small children and the Triple Talaq should be completely abolished so that other women do not have to undergo same trauma like me,” said Nazma.
In a historic judgement today, a five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for Triple Talaq. Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that Triple Talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
Instant Triple Talaq is a Muslim practice in which men are permitted to “instantly” divorce their wives by simply pronouncing ‘Talaq’, meaning divorce, three times.
The Centre had sought to de-link the social practice from the tenets of Islam by stressing that it was a violation of gender equality.
