Triple talaq issue to be examined on touchstone of Constitutional framework: SC
The Supreme Court on Wednesday said it would go into the validity of Muslim personal laws if it was convinced it had the jurisdiction for the purpose.
New Delhi: The Supreme Court on Wednesday said it would go into the validity of Muslim personal laws if it was convinced it had the jurisdiction for the purpose.
The court said it will examine to what extent courts can look into Muslim personal laws if they violate the fundamental rights guaranteed by the constitution.
A Bench headed by Chief Justice TS Thakur told PIL petitioners for and against triple talaq and polygamy to first get ready for arguments on the need for the judiciary to take up the issue and as to whether it was the exclusive domain of law makers.
The bench of judges added that it was an important issue concerning the lives of a large number of people and there were divergent views.
"We have to hear all of them and take a call to what extent courts can interfere in the Muslim personal laws if courts find they are in violation of the fundamental rights," the bench said.
Issue of triple talaq has to be examined on the touchstone of Constitutional framework and earlier verdicts, said that Supreme Court. It directed the Centre, All India Muslim Law Board and other petitioners to file their response on 'triple talaq' issue within six weeks.
The apex court added further that it would also consider the need for setting up a larger bench of five judges if most cases on triple talaq remain unresolved.
However, the court rejected a plea for restraining the media from holding debates on the row.
The court adjourned next hearing on the matter till September 6.