Triple talaq, right to privacy: Judgment week for top court

THE CJI RETIRES ON AUGUST 27, WHICH LEAVES HIM ONLY FIVE DAYS TO COME OUT WITH THE VERDICT IN THE CASES

NEW DELHI: This week could be a turning point for gender justice and civil rights in India, with the Supreme Court expected to decide on the controversial Muslim divorce practice of trip let alaq and if privacy is a fundamental right.

Reserving judgments, Chief Justice of India JS Khehar, who presided over hearings in both the cases, had said the verdicts would be pronounced soon.

The CJI retires on August 27, which leaves him only five days to come out with the verdict in the cases that have generated a lot of interest and political heat.

In the Shayara Bano case, the court will decide if the practice of trip let alaq discriminate d against Muslim women. Ba no, a resident of Uttrakhand, turned to the court in 2015 after her husband ended their 15-year marriage by sending a letter with the word talaq written thrice. Subsequently, several Muslim women and organisations petitioned the court to scrap the custom. The government is in favour of scrapping trip let alaq, saying it violates the right to equality and is biased against women. The Muslim personal law board has opposed “judicial interference” in matters of Muslim faith.

The decision in the privacy case will have a bearing on Aadhaar, the 12-digit biometric unique identity number, which the government is pushing for to plug leaks in various welfare schemes. Critics say it violates privacy and helps government spy on people. While hearing petitions against Aadhaar, the court said it first needed to decide if privacy was a fundamental right.

The government says citizens have a right to privacy but it is not an absolute right.

Judges have differed with the government, saying, “Textually it is correct today that there is no right to privacy in the constitution. But even freedom of press is not expressly stated. This court has interpreted it.”