Centre questions practice of triple Talaq

A bench headed by Chief Justice J S Khehar perused the four questions framed by the Centre and said they were "constitutional" ones which need to be dealt with by a five-judge bench.

PTI
New Delhi, Publish Date: Feb 16 2017 11:37PM | Updated Date: Feb 16 2017 11:37PM
Centre questions practice of triple Talaq

The Centre today submitted in the Supreme Court a list of issues for adjudication including the question whether fundamental right to practice and propagate one's religion protected the practice of triple talaq, 'nikah halala' and polygamy among Muslims.

The NDA government has, for the first time in India's constitutional history, opposed in the top court such prevalent practices among Muslims on grounds like gender equality, secularism and binding international covenants.

A bench headed by Chief Justice J S Khehar perused the four questions framed by the Centre and said they were "constitutional" ones which need to be dealt with by a five-judge bench.

The first issue was whether the practices of triple talaq, 'nikah halala' and polygamy are protected under Article 25(1) of the Constitution.

The Article says: "Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion."

The government then raised the question whether the right to practice and propagate religion is subject to other equally important rights, that is right to equality (Article 14) and right to life (Article 21) of the Constitution.

It then referred to Article 13 which provides that any law is void if it is not in conformity with the constitutional scheme and framed the issue whether the Muslim personal law amenable to this provision or not.

The fourth issue, framed for the consideration of the apex court, said these practices are compatible with India's obligations under international treaties and covenants to which nation is a signatory.

Earlier, the Centre, in its affidavit, had opposed these practices among Muslims by referring to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

"It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the over-riding principle of non-discrimination, dignity and equality," it had said. PTI 

Latest News

  1. Doctor detained after forces recover weapons left behind by 'militant' boarding his car in Kulgam
  2. Doctor detained after forces recover weapons left behind by 'militant' boarding his car in Kulgam
  1. Video | Three injured after army opens fire on protesters in Kareemabad Pulwama
  2. Video | Three injured after army opens fire on protesters in Kareemabad Pulwama
  1. Fresh avalanche warning issued for Kashmir areas
  2. Fresh avalanche warning issued for Kashmir areas
  1. Will bring similar law in J&K: Mehbooba on union cabinet’s ordinance on death penalty to child rapists
  2. Will bring similar law in J&K: Mehbooba on union cabinet’s ordinance on death penalty to child rapists
  1. Supreme Court Bar Association in PaK awards honorary membership to advocate pleading Kathua minor’s case
  2. Supreme Court Bar Association in PaK awards honorary membership to advocate pleading Kathua minor’s case
  1. Police rescues truck drivers, conductors trapped in snow in Drass
  2. Police rescues truck drivers, conductors trapped in snow in Drass
  1. City-centre observes hour-long symbolic shutdown to demand justice for Kathua minor
  2. City-centre observes hour-long symbolic shutdown to demand justice for Kathua minor
  1. Missing Bandipora girl traced within four hours: Jammu and Kashmir Police
  2. Missing Bandipora girl traced within four hours: Jammu and Kashmir Police
  1. Police use force to disperse protesting anganwari workers in Ganderbal
  2. Police use force to disperse protesting anganwari workers in Ganderbal
  1. India, Pakistan trade fire along LoC in Poonch
  2. India, Pakistan trade fire along LoC in Poonch
  1. Cabinet approves death penalty for child rapists
  2. Cabinet approves death penalty for child rapists
  1. Yashwant Sinha announces end of his association with BJP
  2. Yashwant Sinha announces end of his association with BJP
  1. Cash crunch: I-T says 97 pc of poll seizures in Karnataka in high-denomination notes
  2. Cash crunch: I-T says 97 pc of poll seizures in Karnataka in high-denomination notes
  1. Kathua case: Education minister talks tough, asks Kashmir students to attend classes
  2. Kathua case: Education minister talks tough, asks Kashmir students to attend classes
  1. Google's 'Chat' service a precious gift to cybercriminals: Amnesty
  2. Google's 'Chat' service a precious gift to cybercriminals: Amnesty
  1. Kashmir-born British judge Khursheed Drabu passes away in London
  2. Kashmir-born British judge Khursheed Drabu passes away in London
  1. Modi govt's feat of sending 104 satelites to space authenticates Internet existed in Mahabharata age: Tripura CM
  2. Modi govt's feat of sending 104 satelites to space authenticates Internet existed in Mahabharata age: Tripura CM
  1. Teenage girl injured in clashes in central Kashmir's Budgam
  2. Teenage girl injured in clashes in central Kashmir's Budgam
  1. Kathua minor rape and murder part of sinister political game plan to defame Hindus: BJP leader
  2. Kathua minor rape and murder part of sinister political game plan to defame Hindus: BJP leader
  1. Transfers ordered in police department; Shridhar Patil replaces Suleman Choudhary as SP Kathua
  2. Transfers ordered in police department; Shridhar Patil replaces Suleman Choudhary as SP Kathua
  1. Snowfall shuts Srinagar-Leh highway for second straight day
  2. Snowfall shuts Srinagar-Leh highway for second straight day
  1. US human rights report criticises rights violations in India by both government forces, insurgents
  2. US human rights report criticises rights violations in India by both government forces, insurgents
  1. Delhi govt asks its schools to collect used textbooks from students, form book banks
  2. Delhi govt asks its schools to collect used textbooks from students, form book banks
  1. Kathua gangrape-murder case: Vaginal swabs match with accused, confirms forensic lab
  2. Kathua gangrape-murder case: Vaginal swabs match with accused, confirms forensic lab
  1. Twitter bans Russia-based Kaspersky Lab from buying ads
  2. Twitter bans Russia-based Kaspersky Lab from buying ads
  1. Asiya Andrabi, associates arrested in Anantnag in south Kashmir
  2. Asiya Andrabi, associates arrested in Anantnag in south Kashmir
  1. Getting more women into formal workforce is priority for India: IMF
  2. Getting more women into formal workforce is priority for India: IMF
  1. Army man injured in Apr 17 border firing in Rajouri dies
  2. Army man injured in Apr 17 border firing in Rajouri dies