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Triple talaq hearing to begin May 11

What is Uniform Civil Code?
UCC
  • Uniform Civil Code (UCC) was a proposal made to replace personal laws of different religions of India with a common set of rules to govern the citizens.
  • Article 44 of the Directive Principles in India had made it a duty of the government to implement it.
  • UCC would set common laws for public law and cover marriage, divorce, inheritance, adoption and maintenance.

  • When did the discussion of UCC start taking place?
    FACT
    Shah Bano, a 73 year old Muslim woman, sought maintenance from her husband in 1985 who divorced her by saying Talaaq 3 times. Under political and religious pressure, she was denied the maintenance money, making UCC a hot topic among political arenas.

    Muslim Board says SC cannot challenge personal laws
    03 Sep 2016
  • The All India Muslim Personal Law Board (AIMPLB) on Friday told SC that "personal laws cannot be re-written in the name of social reforms", as the board submitted its response in connection with the 'triple talaq' issue.
  • It also said that polygamy is a social need and claimed that Article 44, envisaging UCC is only a "directive principle of State Policy", hence not enforceable.

  • Defending the validity of 'triple talaq'
    Justification
  • AIMPLB said that if the practice of triple-talaq is discontinued, a man might murder or burn his wife alive, in order to skip the time-consuming separation proceedings and expenses.
  • Indictment of loose character during divorce proceedings could damage a woman's chances of re-marriage.
  • It called polygamy a "blessing for women as an unlawful mistress is more harmful for social-fabric than a lawful second wife".

  • Triple Talaq is unconstitutional: Allahabad HC
    08 Dec 2016
  • The Allahabad High Court has stated that divorcing a woman by saying Talaq thrice violates the rights of women and is unconstitutional.
  • The court said "No Personal Law Board is above the Constitution"; the All India Muslim personal law board defended triple talaq saying its better to divorce than kill a woman.
  • The board has also questioned the court's authority to judge religious laws.

  • Abolishing triple talaq similar to re-writing Quran: AIMPLB
    28 Mar 2017
  • On Monday, the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court if the triple talaq mode of divorce was made illegal, it would be equal to re-writing the entire holy book of Quran and forcing Muslims to commit sin.
  • AIMPLB also added that the Indian Constitution provides the right to practice/profess one's religion of choice (under Article 25).

  • Triple talaq hearing to begin May 11
    30 Mar 2017
  • The Supreme Court has referred the controversial triple-talaq case to a 5-judge constitutional bench and has posted the matter for hearing on 11 May.
  • The bench will rule on the constitutional validity of triple-talaq, polygamy and nikah halala in reference to Muslim personal laws and secularism in India.
  • The Muslim Personal Law Board argued that changing the laws was tantamount to changing Quran.



  • This post first appeared on NewsBytes: Latest News, Breaking News India, Today News, Current News, please read the originial post: here

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