Supreme Court begins triple talaq hearing, says won’t touch polygamy issue

NEW DELHI: The Supreme Court began on Thursday the first-ever judicial exercise to test the legality of a Muslim personal law provision, but restricted itself to examining the validity of the triple talaq mode of divorce, ruling out the scrutiny of nikah halala and polygamy. This sets the clock ticking for a pronouncement on whether the court can examine the claim of Muslim clergy that the controversial practice of triple talaq has the sanction of the Quran and is, therefore, beyond the pale of judicial scrutiny. The SC bench commenced hearing on seven petitions on the first day of the court's summer vacation. The bench of Chief Justice J S Khehar and Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer outlined the narrow strip of Muslim personal law provision which it would test on the constitutional touchstone. "We will limit our scrutiny only to the validity of triple talaq. We will not go into the issue of polygamy and nikah halala. If we come to the conclusion that triple talaq is part of the fundamental right to practice religion, then we will not proceed further," the bench said. The BJP-led government has rejected the contention of Muslim clergy represented by the All India Muslim Personal Law Board and various other outfits, saying the Constitution and fundamental rights guaranteed under it take precedence over personal laws. On Thursday, when the court declared it would only scrutinise the validity of triple talaq, the Centre reacted immediately through additional solicitor general Tushar Mehta, who said, "The Union government considers triple talaq, polygamy and nikah halala as personal law practices which militate against core fundamental rights — women's right to dignity which is intrinsic to right to life guaranteed under Article 21 and women's inviolable right to gender justice under Article 14."