A united Opposition in the Lok Sabha on Thursday pitched for referring the triple talaq bill to a 'joint select committee' of Parliament, claiming its provisions were unconstitutional.
While seeking response from former Union minister and senior advocate Kapil Sibal, representing AIMPLB, the bench said, "Don't infer anything from our side."
A bench headed by Chief Justice J S Khehar perused the four questions framed by the Centre and said they were "constitutional" ones which need to be dealt with by a five-judge bench.
"It is a historic day. We are making history today," Law Minister said.
Chairman of the Upper House Venkaiah Naidu Naidu clarified that the Triple Talaq Bill will not be taken up on Friday as a consensus has not yet been evolved on the issue.
Senior advocate Ram Jethmalani, appearing for one of the victims, was blunt in his arguments and assailed the practice of triple talaq various constitutional grounds including the Right to Equality. "The right of triple talaq is available only to the husband and not to the wife and it breaches the Article 14 (Right to Equality) of the Constitution," Jethmalani said.
Adityanath called for an end to the Muslim practice of 'triple talaq' and advocated implementation of a common civil code in the country.
Peoples Democratic Party chief Mehbooba Mufti and National Conference leader Omar Abdullah engaged in a war of words on Twitter after the passage of the triple talaq bill in Rajya Sabha, with the latter stating that PDP leaders abstaining from voting "helped the government with the numbers needed to pass the bill."
A five-judge bench headed by Chief Justice J S Khehar said it would look into the aspect whether triple talaq is part of an "enforceable" fundamental right to practice religion by Muslims.
E K Ussam, 31, was arrested in Mukkom following a warrant issued by the Thamarassery Judicial First Class Magistrate Court.
Law Minister Ravi Shankar Prasad said the government has already taken note of concerns expressed by members earlier and amended the bill accordingly.
Directing officials to prepare a plan for taking views of Muslim women, the CM asked minister of the department and all women ministers in his cabinet 'to talk to women organisations'.
Cabinet minister Maurya said that the BJP will help such victims to them get respect.
The SC said 'the issues are very important. These issues cannot be scuttled'.
'In the name of cultural nationalism, Modi wants to impose another ideology on Muslims.' 'His agenda, we feel, is saffronisation of Indian culture.'
The high court further observed that the triple talaq practice, sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women.
When the bench asked Sibal 'shouldn't we hear the matter', he replied, 'Yes. You shouldn't.'
The Opposition has questioned the stringent provisions like criminalisation of a civil wrong in the triple talaq bill.
Rajya Sabha also rejected an opposition sponsored motions to send the bill to a select committee of the House and for making triple talaq a civil offence with 100 votes against it as compared to 84 in favour.
"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.
"Over a dozen Islamic countries such as Pakistan, Tunisia, Morocco, Iran and Egypt have regulated triple talaq. If Islamic countries can regulate the practice by enacting law, and it has not been found against sharia, then how can it be wrong in India, which is a secular country?" Prasad said.
The prime minister spoke about women's empowerment, equality and good governance.
The Ministry of Law and Justice, in its affidavit, referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
A five-judge constitution bench would commence hearing from May 11.
Following the address by President Ram Nath Kovind, the economic survey will be tabled in the two Houses.
A ministerial committee has been set up to propose a suitable legislation or amend existing penal provisions, which would make instantaneous triple talaq an offence, government functionaries said on Tuesday.
Prasad also attacked the previous United Progressive Alliance government for letting the women's reservation bill, introduced by it, lapse.
The All India Muslim Personal Law Board on Thursday said there was no scope of change in the triple talaq system and rejected the suggestion by some community outfits for building a consensus on making a three-month period mandatory before finalisation of divorce.
The apex court had on March 30 observed that practices of 'triple talaq', 'nikah halala' and polygamy among Muslims were important issues involving "sentiments" and a Constitution bench would hear the pleas challenging these from May 11.
Prime Minister Narendra Modi earlier called for consensus in passing the bill.
The triple talaq bill is against the provisions of the Constitution and violates the rights of women, the All India Muslim Personal Law Board said on Sunday, demanding its withdrawal.
Amid noisy scenes, Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill 2017 for discussion and passage, but pandemonium broke out in the Upper House with the opposition creating an uproar and the BJP countering it vociferously.
The All India Muslim Personal Law Board said that it would ask Qazis to tell bridegroom at the time of execution of 'nikahnama' that they would not resort to "three divorces in one sitting" as it was an "undesirable practice in Shariat".
Ajmer dargah Deewan Zainul Abedin Ali Khan's statement on triple talaq has led to a feud in his family with his younger brother dubbing him as a non-Muslim and staking claim to the post of the Deewan of the shrine.
BJP and RSS leaders are once again pushing to remove the words 'secular' and 'socialist' from the Constitution's Preamble, showing a deeper effort to change India's identity from a diverse, multi-religious republic to a Hindu-first nation, even though they don't have the numbers in Parliament to officially change the Constitution, observes N Sathiya Moorthy.
The PM said that democracy's greatest strength is harmony and amity.
'Should the practice of triple talaq be abolished, retained or retained with suitable amendments; and whether a uniform civil code should be optional', are among 16 queries by the commission.
The Opposition had been opposing provisions of the two bills in Rajya Sabha where the government lacks numbers.
Prime Minister Narendra Modi asserted on Tuesday that India's water will no longer flow outside the country but will be utilized in the nation's interest, a statement seemingly directed at Pakistan following his government's decision to put the Indus Waters Treaty in abeyance after the Pahalgam terror attack. Addressing the ABP Network's 'India@2047' Summit, Modi emphasized his government's focus on interlinking rivers, noting that water used to be a source of conflict among states, before alluding to India's stance against Pakistan while discussing water. He highlighted the finalization of the India-UK free trade agreement as a historic milestone and underscored the importance of prioritizing national interest for achieving objectives and realizing the country's potential. Modi highlighted the country's growth and development under his government's rule, emphasizing its focus on welfare schemes and digitalization. He reiterated his government's commitment to 'Nation First' and pointed to the recent reforms undertaken, including the new Waqf law and the ban on triple talaq, which he said were aimed at benefiting the marginalized sections of society.
The Supreme Court on Thursday fixed May 11 for commencement of hearing on pleas challenging the validity of triple talaq, 'nikah halala' and polygamy practices among Muslims.
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