On Thursday the country’s five senior most judges begins the hearing to determine if triple talaq, the practice of Muslim men getting instant divorce by saying ‘talaq’ three times, was fundamental to religion but may not rule on polygamy among Muslims, the five judges are from different religions.
The Supreme Court’s constitution bench is hearing seven petitions filed by Muslim women challenging the practise in the community, few complained of being divorced on Facebook and WhatsApp. Rather than on individual cases ruling, as per the court has decided to take a step on the practice of the legality. Once the verdict is been given by the court, it will be the legislature to decide if the law should be changed.
Today, at its first hearing, JS Khehar the Chief Justice of India heads the bench, made the clear that the court would examine whether the practice of triple talaq among the Muslim is fundamental to their religion and if triple talaq was an ‘enforceable’ fundamental right to practice religion by Muslims. Added by the court that the Polygamy among the Muslims may not be the part of its deliberations since it is unrelated to triple talaq.
For daily hearings the ground set the rules, the court to the both sides told that they would get 2 days to present their arguments, and a day more to rebut the other side’s arguments. The bench said, "Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq."
The bench comprises Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.
By the personal law the Muslim are governed that came into force in 1937. The NDA and BJP party government has argued long that the practices such as triple talaq violate fundamental rights of women guaranteed by the constitution. Prime Minister Narendra Modi last month, asked the community to not look at the practice that discriminated against the women from a political prism, but discrimination of gender.
The Muslim personal law board, however, has contended that Muslim practices such as polygamy and triple talaq were matters of "legislative policy" that could not be interfered with by the judiciary.