Supreme Court refers triple talaq case to 5-judge constitutional bench


New Delhi, Mar 30 (PTI): The Supreme Court today fixed May 11 for commencement of hearing on pleas challenging the validity of triple talaq, 'nikah halala' and polygamy practices among Muslims.

A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said the matter will be heard by a Constitution bench during the summer vacation.

On March 27, the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that the pleas challenging such practices among Muslims were not maintainable as the issues fell outside the realm of judiciary.

The Board had also said that the validity of Mohammedan Law, founded essentially on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution.

It had said there was a need for "judicial restraint" before going into constitutional interpretation of these unless such an exercise becomes unavoidable.

The apex court had earlier said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.

The Centre, on October 7 last year, had opposed in the Supreme Court the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The Ministry of Law and Justice, in its affidavit, had referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.

The apex court had taken suo motu cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husband.

  

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Comment on this article

  • Jossey Saldanha, Mumbai

    Thu, Mar 30 2017

    Laws should be Uniform.
    Empower ladies too with talaq(3) ...

    DisAgree [1] Agree [1] Reply Report Abuse

  • santhu, Mumabi/Udupi

    Thu, Mar 30 2017

    Uniform Civil code should be implemented immediately ... Being Indian there should be same legal bar for every citizen..! If its implemented all Muslim sisters will bless MODIJI for this welcoming move.!

    DisAgree [5] Agree [8] Reply Report Abuse

  • Vijay Benedict, Mluru/Mumbai

    Thu, Mar 30 2017

    Triple Talaq is an obscene violation of women's human rights in the name of religion. It has no place in a democratic country like India where each and every citizen of the Republic is an Indian First. Those low life's who see this as an intrusion into Sharia law must understand that India is a secular country. The guiding principle of this country is there is No State Religion. Therefore, there cannot be a secondary system which undermines the Constitution of the Land. Also it is high time Uniform Civil code should be implemented. Also family planning should be imposed on everyone.

    DisAgree [5] Agree [9] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Mar 30 2017

    Decision if any will be the 8th Wonder ...

    DisAgree [4] Agree [5] Reply Report Abuse


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Title: Supreme Court refers triple talaq case to 5-judge constitutional bench



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