Will bring new law, if triple talaq struck down: Centre to SC

Katrina Barker
May 16, 2017

Rohatgi said this when asked what remedies a Muslim man would get if he wants to come out of a marriage when Triple Talaq is struck down.

"All patriarchal socities are partial". The important matter related to a particular community will be urged today by Attorney General Mukul Rohatgi. I can point out many such practices in the Hindu society.

Prior in the hearing today, the Supreme Court declined to hear all the three instances of Polygamy, Nikah and Halala without a moment's delay, saying it will concentrate on one matter at any given moment.

A five-judge seat of the summit court additionally watched that it would not hear polygamy issue alongside the triple talaq case. We are sure the decision will be taken in line with our Muslim personal law and the constitution.

In December a year ago, the Allahabad High Court named the Islamic routine with regards to separating a lady by expressing "talaq" thrice "unlawful".

The apex court has stated that it would first examine whether the Islamic divorce practice "is fundamental to religion" and whether "it falls in the category of enforceable fundamental rights".

"Muslim women must have equal rights to property, succession, marriage and it should be non-discriminatory among the women of same class and other communities", Rohatgi said. The Bench has to test them on the touchstone of the fundamental rights of gender equality, gender justice, gender discrimination, human rights, dignity under Articles 14, 15, 21 and 51A of the Constitution.

Rohatgi highlighted that the Hindu practice of sati -the ostensibly voluntary but often forced burning of widows on their husbands' pyres - was abolished by law in the 19th century, and that Hindus could not cite this to claim their religious rights had been violated.

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".

The Centre had earlier filed two affidavits in the apex court opposing such practices.

Representing the government, Additional Solicitor General Tushar Mehta told the court that the Islam practiced in India was not "pure Islam" but an "anglicized" form of the religion.

- Due to paucity of time, Supreme Court will only deal with the issue of triple talaq.

Mr. Rohatgi objected to the court's line of thinking, and said the Bench, also comprising Justices Kurian Joseph, Rohinton Nariman and S. Abdul Nazeer, was approaching the problem of triple talaq from the wrong end. "We will keep them pending for future".

"The way you argue, it would mean that religion and religious practices can be thrown to the wind", the bench said.

The full on debates and discussions came to light when a petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.

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