Law panel to go slow on common code; await SC verdict on triple talaq

The Commission believes that the verdict will provide guideline to the panel in drafting its report

May 16, 2017 05:41 pm | Updated 06:09 pm IST - New Delhi

In this October, 2016 photo, Muslim women from Rabodi protest against the uniform civil code, in Thane.

In this October, 2016 photo, Muslim women from Rabodi protest against the uniform civil code, in Thane.

The Law Commission has decided to “go slow” on its report on the uniform civil code as it will await the Supreme Court verdict on triple talaq, highly-placed sources in the panel said on Tuesday.

The law panel, which advises the government on complex legal issues, has decided to await the verdict of the Constitution Bench of the apex court before involving various stakeholders for discussion to complete its report on the common code.

“The Supreme Court is likely to explain what personal law is. It is also likely to delve into the issue of religious faith and religious practice. Till the time the judgment is out, we have decided to go slow on the report on civil code,” the source said.

The Commission believes that the verdict will provide guideline to the panel in drafting its report.

“Once the roadmap is set, we will start consultations with stakeholders,” the source said.

The apex court had on May 15, 2017, made it clear that it will keep open for adjudication in the future the issues of polygamy and ‘nikah halala’ among Muslims.

A five-judge Constitution Bench headed by Chief Justice J.S. Khehar had said, “It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future.”

The apex court has also said that it will only deal with the issue of triple talaq, that too if it was fundamental to Islam.

Indicating need for wider consultation before taking a call on a uniform civil code, the government had in June last asked the Law Commission to examine the issue.

Implementation of a common code is part of the BJP’s election manifesto.

Some Muslim leaders have opposed any move to abolish triple talaq and other personal laws.

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