SC may set up Constitution bench to decide on triple talaq

The Supreme Court on Thursday indicated setting up a Constitution bench to adjudicate upon a batch of petitions challenging the validity of triple talaq, nikah halala and polygamy.

“All the issues raised in the petitions are important ones and cannot be scuttled,” a three-judge bench presided over by Chief Justice J S Khehar said, hinting that a Constitution bench may be formed to take up the matter during the summer vacations.

The bench, also comprising Justices N V Ramana and D Y Chandrachud, asked the counsel representing different parties to prepare their brief submissions, including legal and religious authorities they want to rely upon, projecting issues and the reasoning, and submit to the court by March 30.

As advocate Madhvi Divan, appearing for the Centre, brought out the Constitutional issues framed for determination, the bench said, “We have to go by the law. We have to consider whether it is a fundamental trait of the religion... if it is so, we have to view it from another perspective.”

The court sought assistance of Attorney General Mukul Rohatgi on framing the issues.

Among the issues framed by parties are whether: the apex court has the jurisdiction to examine the Constitutional validity of the practices of talaq-e-bidat, nikah halala, and polygamy; they violated fundamental right of equality, right to life and liberty; they are not protected by the right to profess and practise religion; and whether they are compatible with India’s obligations under international treaties and covenants.