The Supreme Court will begin hearing a batch of pleas by Muslim women against the practice of triple talaq on Thursday. Interestingly, the constitution bench that will hear the pleas comprises five judges belonging to five religious groups, PTI reported.
The bench, headed by Chief Justice JS Khehar and consisting of justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer, will also hear petitions against nikah halala and the practice of polygamy among Muslim men. Among the seven pleas that it will hear, five are separate writ petitions challenging the constitutional validity of triple talaq.
During the hearings, which is taking place during the court’s summer vacation, the judges will determine how and when Muslim personal laws come into conflict with the fundamental rights of a citizen as enshrined in the Constitution and what can be done in such cases. Attorney General Mukul Rohatgi will also help the Supreme Court bench decide on the matter.
The All India Muslim Personal Law Board has been campaigning against both the “misuse” of triple talaq as well as the what it calls the judiciary’s interference in the Sharia.
The Allahabad High Court had earlier said triple talaq was an unconstitutional practice. The Supreme Court, too, had said the impact of religious practices like triple talaq and nikah halala were “very important” and would be decided by a constitutional bench of the apex court on May 11.
On April 16, Prime Minister Narendra Modi had said, “Muslim women are facing difficulties on the issue of triple talaq, we should work for solution at district level.” Earlier, the Centre had urged the Supreme Court to declare the practices inconsistent with Muslim women’s fundamental right to life and dignity.
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