The Constitution bench of five judges will give decision at 10.30 AM on the three divorces, know the full story here

New Delhi: The Supreme Court will decide on today’s three divorces. With this decision, it will be decided that arrangements for breaking the marriage will be done either by talking to divorced 3 times or ending it. The bench of five judges heard arguments for divorce and for 6 days in opposition During this hearing, a total of 30 parties have put their arguments in front of the court. The bench was headed by Chief Justice JS Khehar. The remaining members of the bench were Justice Kurien Joseph, Rohinton Nariman, UU Lalit and S. Abdul Nazir. Given the crucial constitutional questions related to the three divorced issue, it was handed over to the constitution bench of five judges. In the summer vacation the Constitution bench was sitting specifically for hearing.

During the hearing, the articles 14, 15 and 21 of the Constitution were discussed. Article 14 and 15 give equal citizenship rights to every citizen. I.e. discrimination can not be against on the basis of caste religion, language or gender. Article 21 entitles given right very citizen to live with respect.

In this case, a total of 30 parties kept their arguments. Among them, seven Muslim women were also involved.

What things the court considered

The Bench mainly considered 2 things: –

* 3 Divorce is the fundamental and mandatory part of Islam. That is, it is an integral part of this religion, without which the nature of this religion will get spoiled.

* Do the men gain 3 divorces as fundamental rights ,Deprived the fundamental rights of Muslim women.

The court is about to answer these two questions in its decision. The same answer will decide whether 3 divorce arrangements will be made or will be canceled.

While deciding on a matter related to women’s rights in 2015, the Supreme Court itself has taken cognizance of the situation of Muslim women. The court said that hearing on the permission of 3 divorces, and 4 men marriage in Muslim society is necessary. It is necessary to see that even though these provisions do not deprive the Muslim women of the constitution due to equal rights and honor to every citizen. However, the legality of only three divorce cases has already been heard. The decision on that is to come. Other issues related to the Muslim Personal Law will be heard later.

Given the crucial constitutional questions related to the issue, it was handed over to the constitution bench of 5 judges. In the summer vacation, Constitution Bench specifically sit for hearing. The bench was headed by Chief Justice JS Khehar. The remaining members of the bench were Justice Kurian Joseph, Rohinton Nariman, Yu Lalit and S Abdul Nazir.

A total of 30 parties kept their arguments. Among them, 7 Muslim women – Shayra Banu, Nurjahan Niaz, Afreen Rehman, Ishrat Jahan, Gulshan Parveen, Atiya Sabri and Farah Faiz were also included. These women plead to cancellation of 3 Divorce from the court. Many organizations such as Muslim Women’s Movement, Muslim Women Personal Law Board, Lawyer Collective, supported this demand.

Organizations such as the Muslim Personal Law Board and Jamiat Ulema A Hind protested against the action of the court while interfering in religious matters. However, the central government also advocated cancellation of three divorce. On behalf of the government it was said that if necessary after the order of the court, the government will also bring the law on this issue.

Senior advocate Salman Khurshid kept the arguments in favor of the Amicus Curie, which means the helper of Court. They said that the arrangement of divorce A Bidtat is not in the original Islam. 21 Muslim countries have canceled it. These include Pakistan and Bangladesh.

During the hearing, attorney general Mukul Rohatgi, senior lawyers like Kapil Sibal, Raju Ramachandran, Indira Jaisingh and Ram Jethmalani also examined with different parties.

During the hearing, the articles 14, 15 and 21 of the Constitution were discussed. Article 14 and 15 give equal rights to every citizen. I.e. discrimination can not be against on the basis of caste religion, language or gender. However, Article 21 entitles given right to every citizen to live with respect. The anti- three divorce party has told men the right to break a unilateral marriage, against fundamental rights of woman.