press trust of india
New Delhi, May 3: Former union minister and senior advocate Salman Khurshid was Wednesday allowed by the Supreme Court to assist it in the hearing of a batch of pleas challenging the constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy practices among the Muslims.
A bench comprising Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul also permitted Khurshid, a senior Congress leader, to file written submissions in the case within two days. “Of course, we will take it on record,” the bench said when Khurshid said that the time for filing written submission in the matter has already expired and he intended to do it in a couple of days.
Khurshid later said his role would be like that of an amicus curiae (friend of the court). A five-judge constitution bench would commence hearing from May 11 to decide on the batch of petitions challenging the practices of ‘triple talaq’, ‘nikah halala’ and polygamy among Muslims.
The Centre had April 11 filed fresh submissions in the apex court, saying these practices impacted the social status and dignity of the Muslim women and denied them the fundamental rights guaranteed by the Constitution. The government had reiterated its earlier stand and said these practices rendered the Muslim women “unequal and vulnerable”, not only compared to the men of their community, but the women of other communities as well.
The apex court had March 30 observed that ‘triple talaq’, ‘nikah halala’ and polygamy were important issues involving “sentiments”. The Centre had said these practices emerged from “patriarchal values and traditional notions about the role of women in society”, asserting that “the right of a woman to human dignity, social esteem and self-worth are vital facets of her Right to Life under Article 21”.
