CENTRE OPPOSES TRIPLE TALAQ IN SC, 5-JUDGE BENCH TO DECIDE

NEWDELHI: The Centre on Thursday asked the Supreme Court to decide if the practices of triple talaq, nikah halala and polygamy among Muslims were protected under the fundamental right that allows one to propagate his or her religion.

The government’s proposition to the court was part of a list of four questions it had drafted for the top court’s consideration.

The document was prepared after a bench headed by Chief Justice JS Khehar asked the contesting parties on February 14 to narrow down the topics for argument in court.

The top court said it would refrain from venturing into the Uniform Civil Code (UCC) but remarked that triple talaq was a human rights issue.

This is the first time that the Centre has opposed in the top court the “regressive” practices among Muslims on grounds like gender equality, secularism and binding international covenants.

After perusing the document, the CJI’s bench noted that the questions raised constitutional issues and would be dealt with by a five-judge bench.

The court has already indicated that it would begin hearing the petitions challenging the practices on May 11 and would conclude it within a week.

The government wants the court to give a judicial ruling on whether the right to practice and propagate religion was subject to other equally important rights, such as right to equality and right to life.

Referring to Article 13, which says a law is void if it does not conform to the constitutional scheme, the Centre said the court must also decide whether Muslim law was amenable to this provision or not.