India’s Supreme Court on Tuesday banned the controversial Muslim practice that allows men to instantly divorce their wives, saying it is unconstitutional, in a ruling that favors women’s rights but which some fear will inflame tensions between Muslims and the country’s Hindu majority.
Judges ruled on Tuesday that “instant triple talaq” — which allows Muslim men to divorce their wives by saying “talaq, talaq, talaq” — was illegal under the Indian constitution.
Hindu men do not have the same rights and must prove in court that their wives have wronged them to be granted a divorce.
The bench, comprising five senior judges of different faiths, deliberated for three months before issuing its order in response to petitions from seven Muslim women who had been divorced through the practice known as triple talaq.
Indian law minister Ravi Shankar Prasad said on NDTV that since the court deemed the practice unconstitutional there is no need for any further legislative action by the government.
The decision was widely lauded by women’s rights activists as a step toward granting Muslim women greater equality and justice.
“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Indian Muslim Women’s Movement, which was part of the legal battle to end triple talaq.
“We, the Muslim women, are entitled to justice from the courts as well as the legislature,” she said.
More than 20 Muslim countries, including neighboring Pakistan and Bangladesh, have banned the practice. But in India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious law in matters like marriage, divorce, inheritance and adoption.
While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.