India News
Triple Talaq verdict: When Chief Justice JS Khehar’s opinion was overruled

[vc_row][vc_column][vc_column_text]Chief Justice of India, Jagdish Singh Khehar, whose term in office ends on August 27, may have headed the five-judge Bench of the Supreme Court that in its historic judgment, on Tuesday, banned the practice of instant triple talaq among Muslims but he, along with Justice S Abdul Nazeer, had favoured that the Union government and not the apex court should decide on the validity of Talaq-ul-Biddat
For a brief while on Tuesday morning, as the Supreme Court began pronouncing its historic verdict on the validity of Talaq-ul-Biddat, it felt as if the five-judge Bench headed by Chief Justice of India, JS Khehar, did not want to take responsibility of banning the highly controversial practice itself but instead have the Centre and Parliament decide on the move.
It was only when the final order was read out that it emerged that the verdict was split and instant triple talaq was to be banned immediately, and Chief Justice Khehar’s opinion of letting the government pass a law to this effect was in a minority- supported by only one other member of the Bench, Justice S Abdul Nazeer.
Here’s a glimpse of what different members of the 5-judge Bench said in their order on the landmark case.
Chief Justice JS Khehar and Justice S Abdul Nazeer
- We have arrived at the conclusion, that ‘talaq-e-biddat’, is a matter of ‘personal law’ of Sunni Muslims, belonging to the Hanafi school. It constitutes a matter of their faith. It has been practiced by them, for at least 1400 years. We have examined whether the practice satisfies the constraints provided for under Article 25 of the Constitution, and have arrived at the conclusion, that it does not breach any of them. We have also come to the conclusion, that the practice being a component of ‘personal law’ has the protection of Article 25 of the Constitution.
- We were obliged to keep reminding ourselves, of the wisdoms of the framers of the Constitution, who placed matters of faith in Part III of the Constitution… We cannot nullify and declare as unacceptable in law, what the Constitution decrees us, not only to protect, but also to enforce.
- Such a call of conscience, as the petitioners (demanding ban on triple talaq) desire us to accept, may well have a cascading effect. We say so, because the contention of the learned Attorney General was, that ‘talaq-e-ahsan’ and ‘talaq-e-hasan’ were also liable to be declared unconstitutional, for the same reasons as have been expressed with reference to ‘talaq-e-biddat’. According to the learned Attorney General, the said forms of talaq also suffered from the same infirmities as ‘talaq-e-biddat’. The practices of ‘polygamy’ and ‘halala’ amongst Muslims are already under challenge before us. It is not difficult to comprehend, what kind ofchallenges would be raised by rationalists, assailing practices of different faiths on diverse grounds, based on all kinds of enlightened sensibilities.
- The wisdom emerging from judgments rendered by this Court is unambiguous, namely, that while examining issues falling in the realm of religious practices or ‘personal law’, it is not for a court to make a choice of something which it considers as forward looking or non-fundamentalist. It is not for a court to determine whether religious practices were prudent or progressive or regressive. Article 25 obliges all Constitutional Courts to protect ‘personal laws’ and not to find fault therewith. Interference in matters of ‘personal law’ is clearly beyond judicial examination. The judiciary must therefore, always exercise absolute restraint, no matter how compelling and attractive the opportunity to do societal good may seem.
- A perusal of the consideration recorded by us reveals that the practice of ‘talaq-e-biddat’ has been done away with, by way of legislation in a large number of egalitarian States, with sizeable Muslim population and even by theocratic Islamic States… There can be no doubt, and it is our definitive conclusion, that the position can only be salvaged by way of legislation…The Union of India has appeared before us in support of the cause of the petitioners…Unfortunately, the Union seeks at our hands, what truly falls in its own.
- We therefore hereby direct, the Union of India to consider appropriate legislation, particularly with reference to ‘talaq-e-biddat’. We hope and expect, that the contemplated legislation will also take into consideration advances in Muslim ‘personal law’ – ‘Shariat’, as have been corrected by legislation the world over, even by theocratic Islamic States. When the British rulers in India provided succor to Muslims by legislation, and when remedial measures have been adopted by the Muslim world, we find no reason, for an independent India, to lag behind.
- Till such time as legislation in the matter is considered, we are satisfied in injuncting Muslim husbands, from pronouncing ‘talaq-e-biddat’ as a means for severing their matrimonial relationship. The instant injunction, shall in the first instance, be operative for a period of six months. If the legislative process commences before the expiry of the period of six months, and a positive decision emerges towards redefining ‘talaq-e-biddat’– as one, or alternatively, if it is decided that the practice of ‘talaq-e-biddat’ be done away with altogether, the injunction would continue, till legislation is finally enacted. Failing which, the injunction shall cease to operate.
Justice Kurian Joseph
- The Holy Quran has attributed sanctity and permanence to matrimony. However, in extremely unavoidable situations, talaq is permissible. But an attempt for reconciliation and if it succeeds, then revocation are the Quranic essential steps before talaq attains finality.51 In triple talaq, this door is closed, hence, triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat.
- I find it extremely difficult to agree with the learned Chief Justice that the practice of triple talaq has to be considered integral to the religious denomination in question and that the same is part of their personal law.
- I expressly endorse and re-iterate the law declared in Shamim Ara (another case in which triple talaq was declared invalid). What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.
Justices Rohinton F Nariman and UU Lalit
- It is clear that this form of Talaq (Talaq-ul-Biddat) 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.
The final order signed by the 5-judge Bench:
In view of the different opinions recorded, by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside.[/vc_column_text][/vc_column][/vc_row]
India News
Students hold protest in Manipur after photos of two dead students surface online
The protesting students tried to march towards Chief Minister N Biren Singh’s residence

Hundreds of students took to the streets in Manipur’s capital, Imphal to protest against the brutal murder of two students by suspected armed men. The students demanded justice for the victims. According to reports, photos of two students, who apparently have been decapitated, have gone viral across the social media platforms.
The protesting students tried to march towards Chief Minister N Biren Singh’s residence, after which security forces used tear gas shells and smoke bombs in an effort to disperse the crowd. Reportedly, multiple students were injured and they were hurried to the hospital for medical treatment.
The photos that have gone viral show two students, a 17-year-old girl and a 20-year-old boy, sitting at the grassy compound in what appears to be a makeshift jungle camp of an armed group.The girl is seen in a white shirt and the boy in a checked shirt holding a backpack. Behind them, two armed men were clearly visible.
In the next viral photo, their bodies are seen slumped on the ground. According to reports, as the girl was a minor, officials concerned to the matter are looking into the allegations of rape, before she was murdered.
Meanwhile, N Biren Singh led Manipur government has asked the people of the northeastern state to exercise restraint and allow authorities to investigate the kidnapping and killing of both the students. In a statement issued by the secretariat of Chief Minister N Biren Singh late on Monday night, the state government asserted that the case has been already handed over to the Central Bureau of Investigation (CBI).
In addition, the government also assured the public that swift and decisive action will be taken against all those involved in the crime. The statement further underlined that the government was committed to ensuring justice for the murdered students and severe punishment on any perpetrators found responsible for this heinous crime.
India News
Delhi Arbitration and Conciliation Council, WICCI holds their first meeting, aims to work for benefit of women empowerment
Delhi Arbitration and Conciliation Council members will also recommend government and other institutions on various policy making.

The Delhi Arbitration and Conciliation Council, WICCI President Vinita Sahay and Vice President Sandhya Kohli on Tuesday conducted the council’s first physical meeting at Jangpura Extension, New Delhi. Along with the President and Vice President, all 36 Council members took part in the meeting.
As per sources, the major objective of the council members is to spread a robust council who will work for the Council and for the benefit of women empowerment with the spirit of sisterhood.
The vision of the council members is to interact with other councils who are registered with Women’s Indian Chamber of Commerce and Industry (WICCI) nationally and internationally with an effort to inform them that Delhi Arbitration and Conciliation Council, WICCI is a team of experienced and dedicated arbitrators, who will keep in view the spirit of the amended Arbitration and Conciliation Act 2016.

Furthermore, the Delhi Arbitration and Conciliation Council members will also recommend government and other institutions on various policy making. Sources stated that the first meeting was a great success and deliberations were carried out with all council members present in the meeting.
In the Delhi Arbitration and Conciliation Council’s meeting, the council members discussed how to achieve the aforesaid objectives, conduct monthly meetings of council to review action plan, organise webinars and seminars for the awareness of women and further focus on women empowerment by the council of Arbitration and Conciliation initiated in 2023.
Women’s Indian Chamber of Commerce and Industry (WICCI) is a National Business Chamber for Women that strengthens and builds women’s entrepreneurship and businesses through greater engagement with government, institutions, global trade and networks.
Women’s Indian Chamber of Commerce and Industry (WICCI) also enables fundamental changes in governmental policies, laws and incentives with a view to robustly encourage and empower women in business, industry and commerce across all sectors.
India News
New Delhi: Burglars rob jewellery worth Rs 25 crore from shop in Bhogal
According to Rajesh Deo, deputy commissioner of police, south Delhi, the total value of ornaments was nearly Rs 20 to 25 crores which was looted from Umrao Singh Jewellery shop in Jangpura’s Bhogal area. The robbery took place on Monday (Sep 25).

Gold and Diamond jewellery worth Rs 25 crore was roobed from a jewellery shop in southeast Delhi. The burglars bore a hole in the shop’s wall to access it in the night between September 25 and 26. The police said the incident was discovered and then reported. The shop owner said he had kept the shop shut on Monday. He found out about the robbery on Tuesday morning.
According to Rajesh Deo, deputy commissioner of police, south Delhi, the total value of ornaments was nearly Rs 20 to 25 crores which was looted from Umrao Singh Jewellery shop in Jangpura’s Bhogal area. The robbery took place on Monday (Sep 25). The robbers reached the strong room that has lockers of the jewellery shop. They created a hole in the wall near it.
The robbers took with them all the diamond and gold ornaments with them. They left behind the ornaments made of silver. The Nizamuddin police reached the place of robbery on Tuesday morning. The theft was discovered afterwards. The police are investigating the case. They are scanning the CCTV cameras installed in the showroom to find clues to the crime.
The owner of Umrao Singh Jewellery shop became suspicious when he saw the name panel of the shop broken. When he opened the shop’s shutter he discovered all the gold and diamond jewellery was missing. On further investigation he found all the alarm and security systems in the shop were disabled. As a result the alarm did not go off when the robbers robbed the shop.
In a similar incident silver and gold ornaments worth Rs 25 lakh were looted from a jewellery shop in Odisha’s Sambalpur. The incident took place on Sunday. 5 robbers entered the shop located Maneswar area in Sadar Police station area. The ornaments were looted at gunpoint.