New Delhi, October 29: The Apex Court has decided to constitute a bench to examine Islamic personal law with an object of ending gender inequality.
The Court said the Muslim Women (Protection of Rights on Divorce) Act, 1986 needed to be examined by a Constitution Bench.
A Division Bench of Justices AR Dave and AK Goel requested Chief Justice of India HL Dattu to form a bench to look into the matter. The Bench said it is high time that the judiciary examines these issues which the court had earlier refrained from venturing into on the ground that it was a policy matter to be decided by the government and the legislature. It said, these are not merely policy matters but relate to protection of fundamental rights of Muslim women guaranteed by the Constitution. Citing a 2003 verdict, the Bench said that the practice of polygamy is injurious to public morals and can be superseded by the state just like the practice of ‘sati.’
“It was pointed out that in spite of Constitutional guarantee, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during subsistence of the first marriage, resulting in denial of dignity and security to her,” the Bench was quoted as saying.
The Apex Court also issued notices to the Attorney General and the National Legal Services Authority asking them to respond by November 23.
Though the Indian Constitution prohibits discrimination on the basis of sex, Muslim women have always been victims of polygamy and the triple talaq system which allow men to get a divorce only by uttering the word talaq, thrice. Two female witnesses equal one male witness in a Muslim marriage, while discrimination is also witnessed in the inheritance of property and succession laws. In a recent survey, it was observed that over 90% of Muslim women disdained the triple talaq system and polygamy.
India has separate personal laws for each religion, relating to marriage, succession, adoption and maintenance. While the Hindu family laws were modified in the 50s, Muslim personal law remained mostly unchanged.
The Supreme Court’s order comes days after it asked the Centre to decide on a uniform civil code to end confusion over personal community laws.
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