Triple talaq to be tested on touchstone of Constitution: Supreme Court


New Delhi, Jun 29, (PTI) : A divorce through 'triple talaq' among the Muslim community is a "very important matter affecting a large section of people" which has to be tested on the "touchstone of constitutional framework", the Supreme Court said today while agreeing to examine the issue of personal law.

The apex court said "we are not straightaway arriving at any conclusion" as there were "very strong views" on both sides. It said it will also see if there was any error in previous judgements which dealt with the issue and decide whether it can be referred to a larger or a five-judge constitution bench.

"We are straightaway not jumping to any conclusion. It has to be seen if there is a need for any further consideration of law by the constitution bench," a bench comprising Chief Justice T S Thakur and Justice A M Khanwilker said while asking the parties to get ready for a debate on the scope of judicial review of judgements on 'triple talaq'.

"Personal law has to be tested on the touchstone of constitutional framework," it said while stressing that "this is a very important issue affecting a large section of people and there are very strong views from both the sides."

The bench, which posted the matter for further hearing on September 6, said "legal propositions for determination has to be worked out".

During the hearing, senior advocate Indira Jaising referred to an old verdict of the Bombay High Court holding that the Personal Law regime cannot be subjected to the fundamental rights.

The bench said "all can express their views and participate in the debate. We will know what is the stand of all the parties."

Today's hearing saw a total of four petitions assailing the concept of divorce through 'triple talaq', with the bench allowing all of them to be impleaded and sought the stand of Centre on the issue within six weeks.

The remarks that all can express their views came after a woman advocate, Farah Faiz, sought restraint on All India Muslim Personal Law Board (AIMPLB) and others from airing their views on public platform including TV debates.

"We will not be influenced by TV shows. You can also participate in TV shows. We will keep your application pending. If at any stage we find that they are going out of hand, we will intervene," the bench said.

Counsel appearing for AIMPLB defended the 'triple talaq' practice and said it has been held by courts that matters of personal law could not be tested constitutionally.

The apex court had earlier sought the Centre's response on a plea challenging the constitutional validity of Muslim practices of polygamy, triple talaq (talaq-e-bidat) and 'nikah halala'.

Talaq-e–bidat is a Muslim man divorcing his wife by pronouncing more than one talaq in a single tuhr (the period between two menstruations), or in a tuhr after coitus, or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

The court had on March 28 asked the Centre to file before it the report of a committee constituted earlier to look into the aspects of personal laws relating to marriage, divorce and custody prevalent in various religious minorities, including Muslims.

Earlier, a Supreme Court bench had taken suo motu cognizance of the question as to whether Muslim women faced gender discrimination in cases of divorce or due to other marriages of their husband and urged Chief Justice of India to set up a bench to examine the issue.

Subsequently, various other petitions were filed challenging the age-old practice of 'triple talaq' in Muslim community.

 

  

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Comment on this article

  • makeMyDaya, Mangalore

    Thu, Jun 30 2016

    Triple Talak the Muslim LaW Board From the Indian Judiciary

    DisAgree Agree Reply Report Abuse

  • Krishna , canada

    Thu, Jun 30 2016

    Don't know what's there to discuss or think about.. just follow the law of the land... period.

    DisAgree [3] Agree [11] Reply Report Abuse

  • Robert Pais, Mangalore

    Thu, Jun 30 2016

    I wonder when will we ever have uniform constitution for every citizen of India irrespective of their personal faith?

    There are muslims/christians/Hindus in other developed countries that follow the rule of the land why not in the largest democracy in the world?

    I guess not in my life time.

    DisAgree [4] Agree [12] Reply Report Abuse

  • Always Indian, Manipal

    Wed, Jun 29 2016

    The simple way is to take a survey about this system among all Muslim women and ask about Triple Talaq because they are the one who suffer a lot by this Talaq system. Its a common fact that whatever preached earlier by our ancestors of ANY community need not be correct in current scenario . I feel triple Talaq system is a very big old method for today's generation. It looks more like a MCP type of system. Just make some few changes. Even ladies shud be involved to bring the change. Nowadays girls have reached moons and we are still debating on some old system which we have seen that it is going to hinder only the ladies. Its a bitter fact that whatever said earlier by our forefathers should not be correct and at the same time whatever is said now is also not cent percent correct. This rule applies to all the community. Just need to keep Ur eyes and ears open for present condition.

    DisAgree Agree [1] Reply Report Abuse

  • Mw, Dubai

    Wed, Jun 29 2016

    Islam has some rules and we have to follow that's it....if you don't follow person will be out of Islam...

    DisAgree [20] Agree [5] Reply Report Abuse

  • shan, dubai

    Wed, Jun 29 2016

    Islam disapproves of divorce immensely but divorce can given and reasons are mentioned in Holy book and even getting legally marrying more than one is also clearly mentioned that why the man can marry second or third. But people will take only the word divorce and marriage but not going according the the holy book.

    DisAgree [6] Agree [9] Reply Report Abuse

  • hemanth, bangalore

    Thu, Jun 30 2016

    Isn't it a good thing?

    DisAgree Agree [1] Reply Report Abuse

  • PEDDU, MANGALURU

    Wed, Jun 29 2016

    YOUR CONSTITUTION BASED ON OUTDATED BRITISH ADOPTED LAW NOW YOU ARE AFRAID OF YOUR LAW ON DEALING WITH PARTICULAR COMMUNITY

    LAW SHOULD BE EQUAL NO RELIGION COME IN BETWEEN

    DisAgree [2] Agree [7] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Jun 29 2016

    ..look at SC observation!!..its very cautious eventhough prima facie its a age old tradition negatively effecting many..it has been banned in many muslim countries incl., pakistan..many suffering silently..Shah banu case pending in SC since 15 years..SC which shown urgency in Temple entrance to women(eventhough it doesnt make much difference), given long speeches on womens rights/empowerment, now dragging its feet..no wonder if it passes buck to central Govt..

    DisAgree [7] Agree [13] Reply Report Abuse

  • Jossey Saldanha, Nashville

    Wed, Jun 29 2016

    Triple Talaq cannot be a one way street ...

    DisAgree [4] Agree [14] Reply Report Abuse

  • Dev Kumar, Mangalore/New Delhi

    Wed, Jun 29 2016

    Talaq itself is very dangerous word in dicitionary. Within which many homes destroyed while announcing when mind is not in control. Let there is a change in it..as most of the womens deserve it. Let there wishes fufilled and Allah bestow blessings on them during the last day of Holy Month...Ameen..

    DisAgree [5] Agree [35] Reply Report Abuse


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Title: Triple talaq to be tested on touchstone of Constitution: Supreme Court



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