Starting tomorrow, a five-judge Bench of the Supreme Court of India will hear the matter pertaining to the Islamic practices of Talaq-e-Biddat, Nikah Halala and polygamy..Apart from the fact that the court will embark on a historic journey that will affect the lives of millions of people in the country, it is interesting to note the composition of the Bench..In a reflection of the communal diversity of the Supreme Court, the five judges hearing the case belong to five different religions, assuming of course, they are practitioners of their respective religions of birth..Chief Justice JS Khehar, the first ever Sikh CJI will head the Bench. Justice Kurian Joseph is only the sixth Christian to grace the apex court. Justice Rohinton Fali Nariman belongs to the Parsi community, and Justice Uday Umesh Lalit is from the Hindu community. Justice Abdul Nazeer, recently elevated from the Karnataka High Court, is the only Muslim judge of the apex court..The Court will consider the following four questions submitted by the Centre in a previous hearing in February this year..Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are protected under Article 25(1) of the Constitution of India?Whether Article 25(1) is subject to part III of the Constitution and in particular Articles 14 and 21 of the Constitution of India?Whether personal law is law under Article 13 of the Constitution?Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are compatible with India’s obligations under International treaties and covenants to which India is a signatory?
Starting tomorrow, a five-judge Bench of the Supreme Court of India will hear the matter pertaining to the Islamic practices of Talaq-e-Biddat, Nikah Halala and polygamy..Apart from the fact that the court will embark on a historic journey that will affect the lives of millions of people in the country, it is interesting to note the composition of the Bench..In a reflection of the communal diversity of the Supreme Court, the five judges hearing the case belong to five different religions, assuming of course, they are practitioners of their respective religions of birth..Chief Justice JS Khehar, the first ever Sikh CJI will head the Bench. Justice Kurian Joseph is only the sixth Christian to grace the apex court. Justice Rohinton Fali Nariman belongs to the Parsi community, and Justice Uday Umesh Lalit is from the Hindu community. Justice Abdul Nazeer, recently elevated from the Karnataka High Court, is the only Muslim judge of the apex court..The Court will consider the following four questions submitted by the Centre in a previous hearing in February this year..Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are protected under Article 25(1) of the Constitution of India?Whether Article 25(1) is subject to part III of the Constitution and in particular Articles 14 and 21 of the Constitution of India?Whether personal law is law under Article 13 of the Constitution?Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are compatible with India’s obligations under International treaties and covenants to which India is a signatory?
