As India is a diverse country where people of all religion live, its diversity can be observed in the Supreme Court also this time. The bench of judges who will be hearing the final argument on triple talaq are from five different faiths. The hearing on this issue started on May 11.
Chief Justice of India, JS Khehar who is leading the bench is a Sikh and other members include, Justice Uday Umesh Lalit of the Hindu community, Justice Rohinton Fali Nariman is a Parsi, Justice Abdul Nazeer of the Muslim community and Justice Kurian Joseph who is the sixth Christian to be elevated to the apex court.
The bench will hear the validity of controversial divorce practice in Islam where a man can give talaq (divorce) to his wife only by pronouncing talaq three times. This patriarchal practice of giving divorce has been opposed by many Muslim women and organisations across the country. Muslim women said that because of triple talaq they have been exploited by their husbands.
A few days back, Allahabad high court termed the practice of triple talaq as unconstitutional and said that no personal law board is above the Constitution. The court stated, “A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights”. The high court added that no fatwa can be contrary to someone’s rights.
However, Muslim Personal Law Board on May 4 submitted a pro forma to the law commission in which it rejected the uniform civil code, stating that the panel is satisfied with the Islamic laws.
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