Taking a stand against injustice done to women under the Muslim personal laws, the Centre on Thursday asked the Supreme Court to decide whether such practices, including triple talaq, can be given any Constitutional protection under Article 25, granting freedom to practice religion.
Seeking a full-fledged debate on the issue of triple talaq, nikah halala and polygamy, considered part of Muslim personal laws, the Centre through advocate Madhavi Divan submitted a set of four questions to a Bench headed by Chief Justice JS Khehar. The questions were framed to help the Court decide the issue whether such personal laws can be faulted for discriminating against Muslim women and lowering their dignity and self-respect under the Constitution which professes equality of all citizens before the law.
The first question said, “Whether the impugned practices of talaq-e-bidat, nikah halala and polygamy are protected under Article 25(1) of the ConstitutionIJ”
The next question was whether personal laws can be recognised to be laws under the Article 13 of Constitution. In the event the SC holds the practices of talaq, nikah and polygamy to be within the fundamental freedom to practice religion under Article 25, the next question to be addressed will be whether Article 25 could override the right of Muslim women enjoined by the Articles 14 (right to be treated equally) and 21 (right to life, liberty and dignity).
The last question sought to know whether practices under the Muslim personal law will violate any International Covenants to which India is a signatory.
Responding to the submission made by the Centre, the Bench of CJI and Justices NV Ramana and DY Chandrachud said, “These practices raise a constitutional question on whether they are a fundamental trait of a religion. If it is so, these petitions have to be viewed completely differently.”
The counsel appearing for the Muslim Personal law Board requested the Court that the subject required a detailed hearing on aspects of law and religion and could extend to two weeks. The Bench told all counsels to cooperate and seize this opportunity to decide the issue once and for all.
The Court requested all parties appearing on both sides of the debate to frame questions of law, their view points supported with reasons and case laws and submit to the Attorney General by March 30. The Bench said it will fix a schedule for hearing the case on that day, hinting that the issues will be crystallised by the Bench that ultimately hears the bunch of petitions.