Triple talaq: Supreme Court begins hearing

A five-judge Constitution bench of Supreme Court began its hearing on a plea that the triple talaq and nikah halala violated Muslim women's rights to equality and dignity, and are not protected by the right to profess, practice and propagate religion under Constitution's Article 25(1).

The Constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer are expected to hear the matter for seven days. The five judges belong to five different faiths, a curious first when the religion of the five judges has been highlighted in most media reports today.

The Supreme Court would examine whether triple talaq is



fundamental to Islam. Just as the hearing began, Chief Justice of India JS Khehar clarified, "The matter can be summed up in three points: whether triple talaq is fundamental to Islam; if it is fundamental we have to see if we can interfere. Two, whether it is sacramental or not, and three, whether there is an enforceable fundamental right that is violated."

Appearing for the Centre, Additional Solicitor General Tushar Mehta said, "The key point is whether the right to religion is subject to restrictions whether it can violate fundamental rights."

The Supreme Court made it clear that it is not going to hear the issue of polygamy in the triple talaq case. The hearing will go on for seven days.