During the summer, the triple talaq is one of the many constitutional issues the apex court plans to tackle by constituting full benches and five-judge benches
Taking refuge behind its international commitments, the Centre on Thursday defended its stand against triple talaq, polygamy and nikah halala. The Centre submitted four questions to the apex court that may be debated by a constitution bench.
During the summer, the triple talaq is one of the many constitutional issues the apex court plans to tackle by constituting full benches and five-judge benches. The Chief Justice indicated that perhaps the triple talaq issue would be tentatively heard from May 11 onwards for a week by a constitution bench of five judges.
The questions that are up for determination include whether the practices of talaq-e-bidat, nikah halala and polygamy are protected under Article 25(1) of the Constitution, and if they are compatible with India's obligations under international treaties and covenants it is a signatory to? If the said Article is subject to Part III of the Constitution, in particular to Articles 14 and 21? And whether personal law is "law" under Article 13 of the Constitution?
Article 25 as accorded by the Constitution deals with the freedom to religion. Article 13 talks about laws that may be inconsistent with or in derogation of the fundamental rights. Whereas article 14 says that all are equal in the eyes of the law.
Accepting that said issues were important, the bench led by Chief Justice JS Khehar directed all concerned parties to submit their written submissions by March 30.
"It is such an important issue… we cannot rush through it... it will take time. There are so many nuances to it and we have to consider each one of them," the bench also comprising of Justices DY Chandrachud and NV Ramana said.
The court however clarified that it would not look into issues pertaining to the Uniform Civil Code (UCC) since one of the petitioners is concerned with the rights of the adivasis.
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