NEW DELHI:
 The country’s five seniormost judges, all who belong to different faiths, began the hearings on Thursday to determine if triple talaq, the practice preached by Muslim men in order to get instant divorce by saying “talaq” three times, was fundamental to religion but may not rule on polygamy among Muslims. The constitution bench of the Top Court is hearing seven petitions that were filed by Muslim women challenging the practice in the community; some of them complained of being divorced on Facebook and WhatsApp. Instead of ruling on individual cases, the court had decided to take a call on the legality of such traumatizing practices. Once the verdict is given by the court, it will be for the legislature  to decide whether the law should be changed.
On its first day of hearing today, Chief Justice of India JS Khehar who heads the bench, made it clear that the Supreme Court would examine whether the practice of triple talaq among Muslims is fundamental to their religion and if triple talaq was an “enforceable” fundamental right to practice religion by Muslims. However, the court also added, that polygamy among Muslims may not be part of its deliberations since it is unrelated to triple talaq.
Setting the ground rules for the daily hearings, both the sides were told by the court that they would get two days to present their arguments, and then one more day for the rebuttal of the other side’s arguments. “Each side can argue whatever they want but any repition is not allowed. The focus will only be on the validity of triple talaq,” the bench said.
The bench comprises of Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.
Muslims are governed by the personal law that came into force in 1937. It has always been argued by the NDA Government that practices such as triple talaq violate the fundamental rights of women. The previous month, Prime Minister Narendra Modi also asked the Muslim community not to look at the practice that discriminated against women from a political prism, but gender discrimination.
The Muslim personal law board, however, contends that Muslim practices such as polygamy and triple talaq were matters of “legislative policy” that could not be interfered with by the judiciary.
