Long wait ahead before SC hears triple talaq, polygamy

The next hearing on the matter, which involves Muslim women petitioners, religious organisations, rights groups and the government, was slated to be held on October 18.

Written by Utkarsh Anand | New Delhi | Updated: October 16, 2016 9:07 am
cauvery issue, tamil nadu cauvery, karnataka cauvery isssue, supreme court cauvery plea, sc cauvery issue, india news, latest news The seven-judge bench will be headed by Chief Justice of India T S Thakur, who also leads the bench that has been hearing petitions on the validity of triple talaq and polygamy. (Source: File Photo)

There may be a long wait ahead before the Supreme Court expresses its views on the Constitutional legitimacy of triple talaq and polygamy in the Muslim community. The next hearing on the matter, which involves Muslim women petitioners, religious organisations, rights groups and the government, was slated to be held on October 18. But the hearing is now expected to be deferred indefinitely owing to the setting up of a seven judge-bench that would commence adjudication on a batch of Constitution matters on the same day.

The seven-judge bench will be headed by Chief Justice of India T S Thakur, who also leads the bench that has been hearing petitions on the validity of triple talaq and polygamy. The notification for setting up the seven-judge bench was issued on the website of the Supreme Court on September 24. The petitions on triple talaq were last heard by the CJI-led bench on September 6, when the central government was given four weeks to convey its stand on the Constitutional validity of these practices.

According to the list of business issued by the court registry, the CJI-led bench shall hear the other cases only if the Constitution bench cannot sit for some reason. In the last two months, a nine-judge bench, headed by the CJI, had examined the validity of state legislation on entry tax. These hearings are rarely deferred since larger benches are set up only after a detailed arrangement and scheduling of cases by all the judges on the bench.

Besides, the court’s Diwali holidays are scheduled from October 29 to November 4, apart from other public holidays in November and December, and weekend offs. Then there are the Christmas and New Year holidays from December 19 to January 1. On January 3, 2017, CJI Thakur is expected to retire, and this would lead to the constitution of a new bench to examine the matter.

Even on working weeks, Mondays and Fridays are fixed for miscellaneous matters and hence, detailed arguments in this batch of cases are unlikely to take place. Submitting its affidavit on October 7, the Union Law Ministry argued that polygamy and triple talaq should be done away with, asserting that these practices “cannot be regarded as essential or integral part of the religion”.

The government stated that the absence of reforms in the community in the last 65 years have left Muslim women “extremely vulnerable, both socially as well as financially”, and maintained that triple talaq and polygamy impacted a woman’s status and her right to live with confidence and dignity.

In August, the All India Muslim Personal Law Board (AIMPLB), in its reply to the petitions, had defended the validity of triple talaq, saying that if the practice is discontinued, a man could murder or burn his wife alive to get rid of her.

”If there develops serious discord between the couple, and the husband does not at all want to live with her, the legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive,” the AIMPLB’s affidavit had stated.

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  1. A
    Amar Akbar
    Oct 16, 2016 at 1:42 am
    In a secular country we are having these slave Muslim draconian laws where a mullah can give talaq at his whims and can have multiple slaves as wives. Is this modern India we want to show to the world? Is this what Muslims wants to do to see their mother thrown away from home if his father gets mad and throws his mom out of the house as he does not like her and he has many wives to spend time with? Is this humanity in Islam! Is his what prophet Mohammed wanted? Mohammed had 13 wives and many slaves but that was long time ago. And India is not a islamic country. stan can have these laws. No stan don't have these laws? Really?
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  2. M
    MyTake
    Oct 16, 2016 at 12:49 am
    In Islam marriage is a contract and there fore it got only "utility" value! lt;br/gt;lt;br/gt;Now it is for Muslim women to decide what they want to live for and live by!
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  3. I
    iftiindian
    Oct 16, 2016 at 3:19 am
    Burning and butchering woman has been the part of Hindu society represented by sanghi terrorist. Now since they got power they are trying to imposing their in-human practice on other communities. Surveys by govt itself shows that thousands of hindu woman are being burnt alive because they have no provision of being separated peacefully. If sanghi want to fight injustice they should fight for JASADA BEN whose life have been ruined non other than by Modi due to the shortcoming in sanghi religion.
    Reply
  4. S
    Suresh
    Oct 16, 2016 at 2:55 am
    Supreme Court doesn't have time for these important matters but they have all the time in the world to take up matters like BCCI. Why can't they focus on clearing the pending cases before them? They can as well use these retired judges to hear the cases and close rather than make them defecto chief of BCCI
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  5. M
    Mohd Shahzad
    Oct 16, 2016 at 7:57 am
    Vaise Sarkar ko bahut fikra hai Muslim women ke future ki lt;br/gt;Talaq dene se Muslim women ka future kharaab ho raha hai or Rape hone se inka future nahi kharaab ho raha lt;br/gt;Rapist women se sahi talaq shuda women hai lt;br/gt;Or dusre Muslim desho me to rape karne wale ki to gardan Kati jati hai lt;br/gt;Muslim country me company me job karne wali women ke liye alag section hota hai lt;br/gt;Or college me alag cl hota hai lt;br/gt;Chori karne wale ke hath Kate jaate hailt;br/gt;Or bhi bahut saare kanoon hai Muslim countries me jab itni hi fikra hai women ke future ki to ye saare kanoon lagu Karo lt;br/gt;lt;br/gt;Sarkar ko dharm ke mamlo me dakhal nahi Dena chahiye khaas karke Islam ke khilaaf kyun ki Islam dharm sirf Quran se chalta hai sirf Quran se lt;br/gt;Jo Aurat awara, bachchalan, ghar me buraai, ladaai jhagde or apni manmani karegi lt;br/gt;Usko Talaq nahi to kya ghar me rakh Kar Pooja ki jayegi lt;br/gt;Apni kami batayengi nahi Islam ke rules ko bura kahengi lt;br/gt;Ye saari Khoobiya Saira bano jaisi ladies ke andar moujood hongi isiliye inhien talaq mili lt;br/gt;Jo bhi ladies ghar Bana Kar sahi se chalti hai woh use Bana ke sahi se chalta hailt;br/gt;lt;br/gt;Or ek baat samajh me nahi aayee mere ki lt;br/gt;Talaq shuda Muslim women 4,6 chilla rahi hai or 400,500 Hindu women lt;br/gt;To Talaq sabse Zyada Muslim women ko huee ya Hindu women ko
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  6. V
    Vaishno Chauhan
    Oct 16, 2016 at 3:00 am
    What about the wife..a discontent wife may also want to kill or poison husband.. By that logic the lady also should have the right to give talaq by just saying it thrice....The problem is that these people are unwilling to let go of absurd privelages because of their medivial mindset...they themselves know that their arguments have no logix and therefore are trynig to hide behind the veil of freedom of religion. ...
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  7. S
    SAIFUL HAQUE
    Oct 23, 2016 at 7:02 am
    The issue of triple talaq (in one go)is pendings in supreme court and BJP govt. is made party to it. We have this very delicate issue which should be seeen in the light of Quran.lt;br/gt;As per Quran ,"Among all things permitted divorce is most hated". Thus talaq be hated thing but not banned.lt;br/gt;The triple talaq by skype, email and postal in one go is unislamic. The actual proceeding as in Quran is that in between the 3 pronouncement there must be 3 months period of reconciliation involving the 2 families. Many muslim countries court did not have the stomach to graple with the issue. One thing that has been ignored is that instant "Khulla" by woman has become rampant and instant enforced by threat of use of dowry laws.So court should also see the other side of the coin.lt;br/gt;While triple talaq is rampant in lower strata of muslim society, Khulla in one go with use of dowry law threat is rampant in upper strata of muslim society.lt;br/gt;Supreme cort should take community view in this matter and the govt. must be sensitive in yhis issue. Any verdict which gives jubiliation in among non-muslims will be resented by muslims.AIMPLB must engage in this proceedings
    Reply
  8. S
    Shyamal Ganguly
    Oct 16, 2016 at 1:12 am
    CJ Thakur got scared of the Muslims. Also he is a CONGI and he knows UCC will be a boost for BJP. BJP stands to gain more Hindu votes and they can not expect any vote from any Muslim friend that they just don't have.
    Reply
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