Published On: Fri, Feb 17th, 2017

Modi govt asks SC for clarity on triple talaq and polygamy

Triple talaq issue latest news : The Narendra Modi government on Thursday asked the Supreme Court to find out if the practice of ‘triple talaq, ‘nikah halala’ and polygamy were in conformity with the right to equality before law and protection of life and personal liberty guaranteed to the Muslim women under the Constitution.

According to a report in IANS, Article 14 of the Constitution guarantees right to equality before law and Article 21 guarantees protection of life and personal liberty.

The Centre submitted five questions to examine the validity of the ‘triple talaq’. In response, a bench of Chief Justice Jagdish Singh Khehar, Justice N.V. Ramana and Justice D.Y. Chandrachud hinted that the issue may be referred to a Constitution Bench.

Supreme Court of India

Supreme Court of India. Photo courtesy of Legaleagle86/Wikipedia

The bench was quoted as saying in the report, in the hearing on Thursday, “This is such an important issue… it can’t be scuttled. Every issue has so many nuances and we have to take into consideration each one of them.”

The Centre further requested the court to look at whether Article 25 (1) was subject to Part III of the Constitution spelling out the Fundamental Rights, particularly the right to equality before law and protection of life and personal liberty.

Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion. Article 25(1) says: “Subject to public order, morality and health and to other provisions of this Part (Fundamental Rights) all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”

Raising another query, the government asked the court to look into whether personal law is a “law” under Article 13 of the Constitution, which says that laws inconsistent with or in derogation of the Fundamental Rights would be void.

Not least of all, the Centre asked the apex court whether polygamy was compatible with India’s duties under the international treaties and agreements to which it is a signatory.

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