The triple talaq issue has been taken very seriously by the Supreme Court. On March 30, the court said the court would not delay the matter and would hear it between May 11 and May 19. The apex court is scheduled to close for summer vacation from May 11 to July 2, this year
Chief Justice of India JS Khehar called the matter an “issue of grave importance” and said that the court is ready to sit even on Saturdays and Sundays. He said the court was willing, but “it is for the centre to decide if they can cooperate.”
The CJI has made it clear that clearing this important and pending case was a priority for him. He has said: “Whenever we say vacations, everyone wants it in the beginning so that they can go away later in the vacation. I am ready to work, I worked during the last two vacations, I am ready to do that even now.”
The timing was debated by Attorney General Mukul Rohatgi who said it would be difficult because there were two more constitution bench hearings during the vacation. The CJI said: “If we don’t hear the matter now, it will be pending for years, if you (Centre) do not want to cooperate let us know. But then don’t come blaming us that the matter has been pending for so long.”
The apex court also referred the hearing to a five-judge Constitutional Bench and asked all the parties to file their counter affidavits within two weeks.
The suo motu writ petition has been taken up by the Supreme Court for considering the rights of Muslim women on issues concerning marriage, divorce and maintenance and whether the current practices under the Muslim Personal Law regarding marriage, divorce and maintenance are violative of Part III of the Constitution.
Few petitions were also filed after few women complained of being divorced on Facebook and WhatsApp. Many petitions have been tagged along with the petition challenging mainly the triple talaq practiced by the Muslims. The centre in an affidavit submitted that the practices need to be abolished as they were “unconstitutional, discriminatory, hurt gender equality and women’s dignity”.
Gender equality is part of the basic structure of the Constitution and non-negotiable, the Centre told the apex court assenting that “It is extremely significant to note that a large number of Muslim countries or countries with an overwhelmingly large Muslim population where Islam is the state religion have undertaken reforms in this area and have regulated divorce law and polygamy.”