[The court will consider whether it has the jurisdiction to examine the constitutional validity of the religious practices under challenge (talaq-e-bidat, nikah halala and polygamy), whether triple talaq is an integral part of religion and, therefore, protected by Article 25 of the Constitution or immune from judicial review, whether instantaneous triple-talaq in one sitting (talaq-e-bidat) in the absence of witness and without any attempt at reconciliation is legally permissible, and whether the SC needs to intervene to protect Muslim women's rights. (Source: 'SC: Won't get into uniform code issue' at <http://onlineepaper.asianage.com/articledetailpage.aspx?id=7439593>.)]
I/II. http://timesofindia.indiatimes.com/india/wont-debate-civil-code-while-ruling-on-triple-talaq-supreme-court/articleshow/57156029.cms Won’t debate civil code while ruling on triple talaq: Supreme Court Dhananjay Mahapatra | TNN | Feb 15, 2017, 01.43 AM IS NEW DELHI: The triple talaq case reached its pre-final stage in the Supreme Court on Tuesday with the court saying questions on the issue would be framed on Thursday and final arguments will begin on May 11 even as it made plain that it was not considering the issue of a uniform civil code. Adjudication of the legality of triple talaq mode of divorce among Muslims will be considered by a bench of Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud during the court's summer vacation. The court restricted the legal debate to three advocates each from the pro- and anti-triple talaq sides. The SC's observation that it was not debating a uniform civil code is significant as conservative Muslim groups have argued that the triple talaq case is linked to UCC and is an assault on the personal law of minorities. SC asks triple talaq parties to pick lawyers The court said it would examine the issue in the context of constitutional rights. The court said the first two days would be devoted to understanding the spread of the issue, and the final arguments thereafter should not exceed seven days. It asked the pro and anti-triple talaq groups to sit together and choose which three advocates would argue. It assured Farah Faiz, a strong voice from among women groups, that someone from their side too would get a chance to present their side of the story. The bench then issued an important clarification, "We will not debate uniform civil code. This case pertains to determination of the legality of triple talaq. We will focus only on that issue and determine whether it is linked to constitutional rights." Top Comment Before you are Hindu, Muslim, Christian or Sikh, you are Indian first. As Indian everyone must be subjected to same law and enjoy same freedom. No developed country divides their citizen based on r... Read More Parivrajaka S SEE ALL COMMENTSADD COMMENT Shayara Bano, who was divorced through triple talaq, was the first to petition the SC challenging its validity. She was soon joined by many other divorced women as well as women's groups. All India Muslim Personal Law Board had filed an elaborate affidavit justifying the practice, terming it part of the right to practise religion, guaranteed under Article 25 of the Constitution. However, the Centre, in its affidavit, had sought the abolition of triple talaq and polygamy, terming them unconstitutional customs that hurt gender equality and women's dignity. It had also argued that the practice is not valid in many Islamic countries. "The fact that Muslim countries where Islam is the state religion have undergone extensive reform goes to show that the practices in question cannot be regarded as integral to the practice of Islam," it had said. II. http://www.dnaindia.com/india/report-will-only-look-at-legal-aspect-of-triple-talaq-sc-2323285 Will only look at legal aspect of triple talaq: SC DNA CORRESPONDENT | Wed, 15 Feb 2017-06:35am , New Delhi , DNA The Court however opined that codifying morality was a matter for legislation, rather than for the judiciary to decide The Supreme Court on Tuesday clarified that it would only look into the legality of triple talaq, and not delve into the dangerous waters of the Uniform Civil Code (UCC). This observation was made when an intervenor submitted that UCC challenged the constitutional rights of the adivasi community he represented. In this regard, the three-judge bench then asked all concerned parties to sit together and come up with a list of issues that need to be debated on. During the course of the hearing, the bench said it would consider whether the three practices - triple talaq, polygamy and nikah halala were an integral part of Islam, as it has been interpreted and changed in other Islamic countries, including Pakistan, to accommodate modern day challenges. A list of tentative issues discussed by the court also included, as to whether the Muslim Personal Law (Shariat Application Act of 1937) is unconstitutional. Other pertinent points that will come up for debate before the court could include questions as to whether the SC can lay down the edicts of morality, whether a court can interpret Holy Scriptures, and polygamy among other issues. The Court however opined that codifying morality was a matter for legislation, rather than for the judiciary to decide. “You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues,” a bench comprising Chief Justice JS Khehar with Justices NV Ramana and DY Chandrachud said. At first, the court declined to look at facts in individual cases, choosing to focus on the overall legal aspect. “We are not interested with facts at all. We are only interested in dealing with the legal issues,” the bench said. However, the bench later conceded that considering the facts of individual cases would help understand issues and it allowed lawyers to file synopsis of cases pertaining to alleged victims of triple talaq. In October 2016, the Centre had opposed the practice of triple talaq, ‘nikah halala’ and polygamy among Muslims and favoured a relook. The Ministry of Law and Justice had referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries. The All India Muslim Personal Law Board, however, had rubbished the stand taken by the government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution. Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs. Even as these issues came into the fray, another intervenor took up the plight of the 11 crore adivasis who would be affected by any changes under the UCC. The SC stated that final arguments in this case were likely to be heard by a constitution bench during the summer vacations. A tentative date forwarded by the court is May 11. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
