The Supreme Court on Thursday reserved its order on a plea that challenged the constitutional validity of triple talaq. The Bench heard the matter on a day to day basis. Today on the concluding day of the hearing, the court granted each of the parties to make submissions for 20 minutes each.
As the hearing on triple talaq before a constitution bench is set to conclude today, the centre has proposed to forward 200 complaints regarding the issue to the Supreme Court of India. Over the past few months at least 200 complaints have been filed by Muslim women in Uttar Pradesh alone. These were forwarded to the state’s law department.
The Supreme Court on Wednesday suggested that Muslim women must be given the option to say no to triple talaq. The Constitution Bench headed by Chief Justice of India, J S Khehar sought to know that if such an option could be given.
The Attorney General of India, Mukul Rohatgi opened arguments in the Supreme Court by citing the example of Pakistan which had discontinued triple talaq. If a Muslim majority country such as Pakistan can do away with triple talaq, then why is India still continuing with it the AG asked. How triple talaq was done away with in Pakistan has an interesting history to it. In 1955, the then Prime Minister, Muhammad Ali Bogra married his secretary even though he had not divorced his first wife. This led to wide-spread protests by the All Pakistan Women’s Association which sought for a change in the law.
A country like Pakistan has done away with triple talaq and India being a secular state continues to hold on to it, the Supreme Court was told on Monday. Theocratic states like Pakistan have reformed and given up this practice. And we being a secular state is still holding on to it, Attorney General Mukul Rohatgi told the Bench which is hearing the constitutional validity of triple talaq.
In a very strong observation, the Supreme Court has said that triple talaq is the worst and most undesirable form of ending a marriage among Muslims. The observations were made during a hearing on a batch of petitions challenging the constitutional validity of triple talaq. Chief Justice of India, J S Khehar who is heading the Bench also went on to compare triple talaq to death penalty.
Does Muslim Personal Law mean shariat or something else, the Supreme Court sought to know during the arguments on the triple talaq issue. A five judge Bench of the Supreme Court is determining whether triple talaq is sacramental and can be enforced as a fundamental right.
The Bench of the Supreme Court which would hear the triple talaq matter has been constituted interestingly.
There are judges of five different religions who constitute the Constitution Bench. The Bench is headed by Chief Justice of India, J S Khehar a Sikh.
I am sure reformers from the Muslim community will come forward and put an end to triple talaq, Prime Minister Narendra Modi said on Saturday. Seeking to grant equal rights to Muslim women, Modi said that he believes that the reformers from the community will protect women from the ill-effects of triple-talaq.
Uttar Pradesh Chief Minister Yogi Adityanath has directed officials to conduct a major drive in which the views of Muslim women on triple talaq will be sought. The same would be presented before the Supreme Court which is hearing a matter pertaining to the Constitutional validity of triple talaq.