Triple talaq not integral to Islam, Centre tells Indian S/Court
Triple talaq is neither integral to Islam nor a “majority versus minority” issue but rather an “intracommunity tussle” between Muslim men and deprived women, the Centre today told the Supreme Court.
Attorney General Mukul Rohatgi, in his rebuttal to the arguments favouring the 1,400 year-old practice of triple talaq, made a strong pitch for judicial scrutiny on grounds including violation of fundamental rights like right to equality and gender justice and said that the apex court cannot shy away.
A five-judge Constitution bench headed by Chief Justice J S Khehar, asked the Centre as to why it did not legislate to regulate marriages and divorce among Muslims.
“You (Centre) said if court quashes triple talaq then you will make a law but why the government did not make a law for last 60 years?” the bench asked. Rohatgi replied that the hallmark of a secular court was to reform without waiting for a legislation, when such matters come to it. Earlier during the day, the bench asked the All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of ‘nikahnama’ (marriage contract).
Former Union minister and senior lawyer Kapil Sibal, representing the AIMPLB, said that he will respond after talking to all the board members.
Rohatgi, responding to Sibal and a battery of senior lawyers favouring triple talaq, said even the core of religion has to be tested on the touchstone of fundamental rights.
Referring to the responses of the AIMPLB, he said that even they say that triple talaq was “undesirable”, “sinful” but yet valid and wondered “then how it can be said to be integral to religion”. (dnaindia.com)