A five-judge Constitution bench of Supreme Court commenced hearing the validity of triple talaq on Thursday. The judges will be hearing pleas that triple talaq, nikah halala, and polygamy violated Muslim women's rights to equality and dignity and are not protected by the right to profess, practice and propagate religion under Constitution's Article 25(1).
The Constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer have announced a six-day schedule for the hearing – three days for those who arguing against triple talaq and three days to hear arguments against it.
The bench also said that it would only examine the constitutional validity of triple talaq and whether it is enforceable under fundamental right to religion. The court however said that it will not touch the issue of polygamy.
The court also told lawyers to not be repetitive in their arguments.
Meanwhile, some people raised the question of why there were no women judges in the five judge panel constituted to hear the issue.
@maryashakil Plus what's your view on the SC manel? Can we blind eye that? Or is it the need of the hour?
— Nazia Erum (@nazia_e) May 11, 2017
@maryashakil I mean would the boys club really accept a woman judging on this 'sensitive' issue that of 'men's right' to TT? ;)
— Nazia Erum (@nazia_e) May 11, 2017
Supreme Court bench of 5 judges from 5 different religions to hear #TripleTalaq - Surprisingly, not a single woman judge among them!
— Amit Srivastava (@AmiSri) May 11, 2017
Hilarious! There is no woman judge in deciding #TripleTalaq
— SAIKAT (@saikat14288) May 11, 2017
Recently, the Allahabad High Court had said that triple talaq was unconstitutional when hearing a case about a man granting divorce to his wife by uttering talaq thrice. According a Firstpost report from Tuesday, the High Court said, “Muslim men cannot separate from their wives following this practice,” and that triple talaq was in violation of the right to equality.
The hearing into the validity of triple talaq, nikah halala and polygamy is rooted in the October 16, 2015 order of the apex court by which it had directed the separate listing of a PIL addressing the question of rights of Muslim women vis-a-vis these three customs.
The Centre has already told the top court that the three custims violated Muslim women's right to equality and dignity, and were not protected by Article 15(1) of the Constitution guaranteeing freedom of religion.
There have been various cases in the past few months where Muslim women have alleged that their husbands have divorced them arbitrarily using triple talaq over various modes including WhatsApp and postcards.