Will examine whether triple talaq is fundamental to religion or not: SC

TIL Desk/National/New Delhi/ Taking up the issue of triple talaq on Thursday, the Supreme Court observed that it would examine whether the issue is fundamental to religion or not. A five judge bench of the apex court further observed that it would not hear polygamy issue alongwith the triple talaq case.

The apex court is hearing several pleas filed by Muslim women rejecting the practice of triple talaq. The five-judge Constitution Bench of the apex court is headed by Chief Justice Jagdish Singh Khehar and four other judges, namely Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and S. Abdul Nazeer.

Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.

Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of ‘personal law’. The court further said basic and human rights cannot be exploited on the basis of gender.