AIMPLB defends triple talaq and opposed the petitions
The Supreme Court on Thursday began hearing a batch of petitions challenging the practice of triple talaq on Thursday with five senior-most judges forsaking their summer vacation to hear just this issue.
The five-member constitution bench, comprising Chief Justice of India JS Khehar, Justice Kurian Joseph, Justice Rohinton Nariman, Justice UU Lalit and Justice Abdul Nazeer, said it would hear arguments over six days with both sides getting two days each and the rest getting one day, and a day of rest, as well.
Chief Justice Khehar said at the outset that the bench will hear if triple talaq is fundamental to religion or not. He said if it is the case, the bench cannot do anything. He said it should also been seen if triple talaq is an enforceable fundamental right.
Incidentally, the five judges are drawn from different faiths: Chief Justice of India JS Khehar is a Sikh, Justice Kurian Joseph is a Christian, Justice Rohinton Nariman is a Parsi, Justice UU Lalit is a Hindu and Justice Abdul Nazeer is a Muslim.
The petition against triple talaq was filed by Muslim women affected by the practice who demanded its abolition since it was discriminatory. The Union government has supported the Muslim women in this regard. Senior advocate Amit Singh Chadda, appearing for Saira Bano, a petitioner victim, said that her husband gave talaq by post.
Senior lawyers Ram Jethmalani, Raju Ramachandran, Indira Jaising, Anand Grover, Pinky Anand and V. Giri are also appearing in the case for several sides. Additional Solicitor General Tushar Mehta is appearing for the Union of India.
Former minister Kapil Sibal is appearing for the All India Muslim Personal Law Board, which says triple talaq and polygamy are matters of legislative policy and could not be interfered with by the courts. Another former Minister Salman Khurshid is the amicus curiae in the case.