New Delhi
A five-member Constitution bench of the Supreme Court will begin the hearing on a bunch of petitions challenging the practice of triple talaq, polygamy and nikah halala among Muslims from today. These petitions have been filed by aggrieved women from the community seeking annulment of the practices as unconstitutional.
The bench is headed by Chief Justice J S Kehar and its four other members are Justices Kurien Joseph, Rohinton F Nariman, Umesh Lalit and Abdul Nazir. The apex court has drawn the members of the bench from Sikh, Christian, Parsi, Hindu and Muslim communities to make its composition as much inclusive as possible.
The Muslim Personal Law Board had, in a written affidavit submitted to the apex court, questioned the maintainability of the the petitions challenging the triple talaq. It had said that the personal law had the protection of the Constitution under the right to freedom of religion, and it could not be changed. The Allahbad High Court in its ruling on the issue had held that the practice of triple talaq was violative of the fundamental right to equality given by the Constitution, and that the personal law could not be enforced against the intent and spirit of the Constitution.
The apex court has taken cognizance of the matter on its own to ensure that Muslim women were not denied any of the rights given to them under the Constitution. The hearing will continue throughout the summer vacations for expeditious disposal of the sensitive issue. The Bench will also examine as to what extent the court can interfere in the Muslim Personal Law Board if they violate the fundamental rights of citizens. The Centre had through an affidavit in the apex court opposed the practices of triple talaq, nikah halala and polygamy on grounds of violation of gender equality.