A five-judge Constitution Bench led by Chief Justice of India J.S. Khehar began hearing a batch of six petitions and a suo motu PIL of the Supreme Court on whether triple talaq and polygamy violate the fundamental rights of Muslim women.
The Centre has asked the court to reopen the debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Indian Constitution.
If the Supreme Court agrees that personal laws are included in the definition of laws under Article 13, the door will be opened wide for an aggrieved person to challenge a particular personal law of a religion as violative of the fundamental rights.
In case the challenge succeeds in court, the personal law, to the extent of its inconsistency, shall become void.
