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SC will protect women's right: Cong on triple talaq

16 May 2017

Earlier the A-G insisted that polygamy and nikah halala among Muslims were also to be decided by the court as they form part of triple talaq. Jethmalani argued that any law that is enforceable by courts is covered by Article 13, and consequently, is covered by Articles 14 and 15.

Justice Nariman told the A-G, "You (the government) can not take away the rights of Muslims guaranteed under Article 25 (1) of the Constitution (right to profess and practice religion)".

Former Minister Arif Khan stated that the practice, far from being fundamental to Islam, violates the Quranic mandate.

He said practices of marriage and divorce have been codified as "personal law" under Section 2 of the 1937 Act.

"There was a talk that whether Triple Talaq is legitimate unavoidably".

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Noting that the Constitution protects personal laws and that all patriarchal societies are discriminatory, Sibal said that all laws applying to Hindus, Muslims and other religions must be tested on the grounds of discrimination.

Rohatgi's submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down. "And here, one half of a community suffers inequality from the male counterpart of the same community", Mr. Rohatgi submitted.

Mr. Rohatgi asked what the court would do if someone came to it saying Sati was an essential part of Hindu religion.

The Constitution bench is hearing a clutch of petitions challenging the practice of triple talaq among Muslims.

This is a change of stance as up until now, the Centre had said it was only opposed to triple talaq where a husband instantly gets to divorce his wife by uttering "talaq, talaq, talaq".

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Furthermore, Shaista, while drawing upon secularism in India, said the Muslim women would continue to abide by the Shariyat law, adding that the apex court would surely take religious sentiments and teachings of the Quran into account before pronouncing the verdict.

Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.

"The Central Government makes runs however as I would like to think, the pinnacle court ought not to meddle with it", Sibal said.

The Supreme Court on Monday continued its hearing on the constitutional illegality of the triple talaq issue.

During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".

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SC will protect women's right: Cong on triple talaq