AMN
The Supreme Court on Wednesday asked former union minister and senior advocate Salman Khurshid to assist it as amicus curiae before a Constitution Bench scheduled to hear a batch of petitions arguing that the practices of Triple Talaq and polygamy violate the fundamental rights of Muslim women.
The court allowed Mr. Khurshid to file his written submissions before the Constitution Bench that is set to convene on May 11, 2017. The Constitution Bench will examine if these personal law practices are the “fundamental traits” of the minority religion.
The Centre wants the court to re-open the debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.
A bench comprising Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul also permitted Khurshid, a senior Congress leader, to file written submissions in the case within two days.
“Of course, we will take it on record,” the bench said when Khurshid said that the time for filing written submission in the matter has already expired and he intended to do it in a couple of days.
A five-judge constitution bench would commence hearing from May 11 to decide on the batch of petitions challenging the practices of triple talaq, nikah halala and polygamy among Muslims.
The Centre had on April 11 filed fresh submissions in the apex court, saying these practices impacted the social status and dignity of the Muslim women and denied them the fundamental rights guaranteed by the Constitution.
The government had reiterated its earlier stand and said these practices rendered the Muslim women “unequal and vulnerable”, not only compared to the men of their community, but the women of other communities as well.
The apex court had on March 30 observed that triple talaq, nikah halala and polygamy were important issues involving “sentiments”.
The Centre had said these practices emerged from “patriarchal values and traditional notions about the role of women in society”, asserting that “the right of a woman to human dignity, social esteem and self-worth are vital facets of her Right to Life under Article 21”.