The Supreme Court on Monday touched a raw nerve on Monday by directing the Centre to produce a copy of a report recommending abolition of certain discriminatory practices under the Muslim Personal laws.
The report, submitted last year to the Ministry of Women and Child Development by a high-level expert Committee, was titled “Women and the law: An Assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance, and succession”. Incidentally, the contents of the report have not seen the light of the day yet.
The bench of Chief Justice TS Thakur and Justice UU lalit directed the Centre to produce the report in six weeks while hearing a petition by one Shayara Bano, who challenged the validity of triple talaq (talaq-e-bidat), nikah halala, and polygamy as being discriminatory and opposed to fundamental rights of Muslim women.
Bano also filed an additional application citing a news report giving reference to the said report submitted to the Ministry of Women and Child Development. In the report it was stated that the Committee recommended reform of various practices under the Muslim law, including the practice of talaq-e-bidat and polygamy, said the petition filed by advocate Balaji Srinivasan. However, the petition added that the contents of the report have not been made public by the Government.
Finding the report to have a crucial bearing on the case at hand, the bench asked Additional Solicitor General (ASG) Tushar Mehta appearing for Centre to hand over a copy of the said report on the next date of hearing. Already, the bench is hearing a suo moto petition titled “Muslim Women’s Quest for Equality” where a bench of the Supreme Court, while examining the law on succession and inheritance noted the discrimination faced by Muslim women on account of talaq.
Already, the Court has sought the response of the Centre on this issue. The Court also allowed All India Muslim Personal law Board (AIMPlB) to assist the Court in these proceedings after the former wished to be heard in the matter.
Bano narrated her trauma how she was subjected to cruelty by her husband and in-laws and was administered drugs that kept her unconscious and made her “critically ill”, at which point her husband divorced her by triple talaq.