SC Refers Triple Talaq Matter to Constitution Bench, Hearing in May
A Supreme Court bench on Thursday referred the triple talaq issue to a Constitution Bench which will hear the matter during summer vacations in May.
IMAGE FOR REPRESENTATION ONLY (Reuters)
New Delhi: A Supreme Court bench on Thursday referred the triple talaq issue to a Constitution Bench which will hear the matter during summer vacations in May.
A bench led by Chief Justice JS Khehar and Justice DY Chandrachud stated that the hearing will take place from May 11 till May 19.
Earlier on February 16, the bench had asked the parties concerned to file their written submissions on the issue of triple talaq, nikah halala and polygamy.
“It is humbly submitted that the court ought not to venture into the area of changing personal laws by following the trend in several other countries. It is pertinent to note that any change or reform that comes with the backing of legislature takes due care of diverse cultural background, sensitivity and sensibility of the stakeholder community and thus is in spirit adheres to both the principles — the principle of democracy and the principle of separation of powers,” the AIMPLB said in its written submissions.
But nullifying the claims made by AIMPLB, the Kerala High Court in December 2016 ordered that the nation needed a legislation to regulate triple talaq. Justice A Muhammed Mustaq had opined that: “The State is constitutionally bound and committed to respect the promise of dignity and equality before law and it cannot shirk its responsibility by remaining mute spectator of the malady suffered by Muslim women in the name of religion.”
Muslim women’s rights bodies have for long batted for the apex court to intervene and determine the constitutional validity of these personal laws.
Earlier, the Centre had submitted the following questions to be considered by the court:
— Whether the impugned practices of talaq-e-biddat, nikah halala and polygamy are protected under Article 25(1) of the Constitution of India
— Whether Article 25(1) is subject to part III of the Constitution and in particular Articles 14 and 21 of the Constitution of India
— Whether personal law is law under Article 13 of the Constitution
— Whether the impugned practices of talaq-e-biddat, nikaah halala and polygamy are compatible with India’s obligations under International treaties and covenants to which India is a signatory
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