Supreme Court to review Muslim personal law to end gender bias
A two-judge bench said that laws dealing with marriage and succession are not part of religion.
The Supreme Court will examine Islamic personal law in a bid to end gender bias against Muslim women, reported the Hindustan Times. Justices AR Dave and AK Goel requested Chief Justice of India HL Dattu to form an appropriate bench to address the issue and ensure gender equality in Muslim personal law.
The bench said, citing an earlier judgement, that laws dealing with marriage and succession are not part of religion. The bench also analysed several Supreme Court judgments on gender discrimination in Muslim law and asked the attorney general and the National Legal Services Authority to respond by November 23.
The Indian Constitution prohibits discrimination on the basis of sex, but Muslim women have historically been victims of polygamy and the triple talaq system, which facilitates men to get a divorce only by uttering the word talaq thrice. Two female witnesses equal one male witness in a Muslim marriage, while discrimination is also witnessed in the inheritance of property and succession laws. In a survey conducted earlier this year, over 90% of Muslim women rejected the triple talaq system and polygamy.
India has separate personal laws for each religion concerning marriage, succession, adoption and maintenance.