The Supreme Court of India began its hearing on the burning issues of triple talaq from Thursday, to determine if this is intrinsic to the practices of Islam or it violates the fundamental rights of the Muslim women in India. The constitution bench was headed by Chief Justice Khehar J.S. himself, comprised of Justices Kurian Joseph, Rohinton F. Nariman, Uday Umesh Lalit and S. Abdul Nazeer, termed the triple talaq as ‘worst, undesirable’ way to end marriage.
The case has arisen due the petition filed by the victims of the triple talaq and suo motu Public Interest Litigations whereby it’s questioned the constitutional validity of triple talaq. The provision of triple talaq is facing barrage of criticism not only from outside the community but also from within the country. The apex court also ruled that even Islamic countries such as Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq to dissolve marriages.
The religious group such as assertive All India Muslim Personal Law Board and the Jamaat-e-Islami Hind are the vocal supporter of triple talaq in India, who deem any act by the government, to criminalize triple talaq as intrusions into the Muslim personal law.
The noted criminal lawyer Ram Jethmalani, representing one of the petitioners, dubbed triple talaq abhorrent to the tenets of holy Quran as it makes a distinction on the ground of sex.
The Union government of has asked the apex court to examine whether personal laws can be brought under the ambit of Article 13 of the Constitution, which defines laws inconsistent with or in derogation of the fundamental rights. If fructified, it will enable an aggrieved person to challenge a particular personal law of a religion as violative of the fundamental rights.