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From suo motu to judgment: The arguments for and against triple talaq

SC seeks Khurshid’s assistance in talaq case

Asks him to appear as amicus curiae.

May 03, 2017 12:09 pm | Updated December 03, 2021 05:19 pm IST - New Delhi

A file photo of senior advocate Salman Khurshid.

A file photo of senior advocate Salman Khurshid.

The Supreme Court on Wednesday asked senior advocate Salman Khurshid to assist it as amicus curiae before a Constitution Bench scheduled to hear a batch of petitions arguing that the practices of triple talaq and polygamy violate the fundamental rights of Muslim women.

The court allowed Mr. Khurshid to file his written submissions before the Constitution Bench that is set to convene on May 11, 2017. The Constitution Bench will examine if these personal law practices are the “fundamental traits” of the minority religion.

The Centre wants the court to re-open 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 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 in court as violative of the Fundamental Rights.

If the challenge succeeds in court, the personal law, to the extent of its inconsistency, shall become void.

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