Triple talaq not an issue of majority vs minority but men vs women: Centre

May 17, 2017 by  
Filed under India, newsletter-india

New Delhi, May 17, 2017: Stating that triple talaq is not an integral part of Islam and can be struck down, the Centre today told the Supreme court that the issue is not of majority vs minority but of men vs women.

On the fifth day of its hearing on the contentious issue of triple talaq, Attorney General Mukul Rohatgi said, “Centre is ready to take a leap forward and bring in legislation. This matter is not a majority v minority. It’s a tussle within the religion for rights of women”.

He pointed out that there is no bargaining power between men and women.

“It’s not 1400 years of custom but 1400 years of deprivation,” the Centre’s top lawyer Rohatgi said while referring to All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal’s statement yesterday that how can a 1400-year-old practice be branded unconstitutional.

The Centre said they will do what they have to do to bring legislation. “The question is what will the Supreme Court do?,” it asked.

“If all three forms of talaq go, we will bring in procedure. The community cannot decide whether personal laws can be tested against fundamental rights or not… What is not integral to religion can be struck down,” the Attorney General said.

Today is the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’ which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.

Yesterday, the law board had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, saying these were matters of faith and cannot be tested on grounds of constitutional morality.

Earlier in the day, the Supreme Court asked the All India Muslim Personal Law Board (AIMPLB) if it is possible to give women the right to decline instant triple talaq.

The top court constitution bench headed by Chief Justice JS Khehar suggested that a clause can be added on the Nikaah Nama to say that the marriage cannot be dissolved by the husband by pronouncing instant triple talaq.

The apex court also asked whether their advisory will be followed by the Qazi at the ground level. Replying to the query, Yousuf Hathim Muchala, an AIMPLB lawyer, said, “The advisory of AIMPLB is not mandatory for all Qazis to follow. However, we accept the suggestion in all humility and will look at it.”

The AIMPLB also showed the court a resolution passed on April 14, 2017 which says that triple talaq is a sin and the  community should boycott the person doing such an act.

– india today

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