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SC to examine if Muslim personal laws violate basic rights of women
Posted On Jul 05 2016
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It has to be seen if there is a need for any further consideration of law by the constitution bench.
“Triple talaq is not valid as per the Koran, which stresses mediation and reconciliation before the decision to divorce”, said Zakia Soman, co-founder of Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for Muslim women’s rights and is a co-petitioner in the case.
Responding to petitions by a group of women, the court today said it would examine to what extent it can step in if Muslim personal laws interfere with Constitutional rights.
A Supreme Court bench said Muslim personal law affected a large number of people and asked the federal government to weigh in on the debate as to whether intervening in the law would violate the Muslim community’s fundamental rights. “It affects a very large section of the population”, Chief Justice of India T.S. Thakur observed while agreeing to hear all stakeholders equally in the matter.
During the hearing, senior advocate Indira Jaising referred to an old verdict of the Bombay High Court holding that the Personal Law regime can not be subjected to the fundamental rights. It also sought the stand of Centre on the issue within six weeks.
She said the AIMPLB which is a registered society is successfully governing the community, which has the impression that Muslim personal laws are made by the board.
Appearing in person, advocate Farha Faiz had urged the court to restrain the AIMPLB from issuing “misleading statements” which were causing confusion and the media from carrying them. You also participate in the debate.
The Bench, which posted the matter for further hearing on September 6, said legal propositions for determination have to be worked out.
“We will not be influenced by TV shows”. The current scenario emerging from the imposition of unilateral triple talaq on Muslim Women in India has resulted in infringement and violation of their fundamental rights of equality and rights guaranteed under Article 14 & 21 of the Constitution.
