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

Women are not allowed to use the method and are often left homeless and with no money- leading to many appealing to overturn it at the Supreme Court

Women are not allowed to use the method and are often left homeless and with no money- leading to many appealing to overturn it at the Supreme Court

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".

"The issue is sensitive dealing with minorities and that's why the previous governments did not bring (such a) law", Attorney General Mukul Rohatgi told the Constitution bench, which is holding special hearings on the knotty issue over the summer vacation. The court said it was concerned (only) with the validity of triple talaq.

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.

THE Supreme Court on Monday said it was keeping open for adjudication in the future the issues of polygamy and "nikah halala" among Muslims as the Centre insisted deliberations on these aspects as well. Muslim women want their dignity, freedom to live without fear of triple talaq.

In December a year ago, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional".

The apex court is hearing a batch of petitions against Triple Talaq since last week. The important matter related to a particular community will be urged today by Attorney General Mukul Rohatgi.

The Central government May 15 told the Supreme Court that if the latter invalidates triple talaq, which many argue is male-centric and discriminatory to women, the government would institute a new divorce law that would be equitable to both men and women.

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The Supreme Court said last week 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.

Claiming that polygamy and "nikah halala" should also be heard, Rohatgi, who is appearing for the Centre, had said the issues were also part of the order of an earlier order on the practice of triple talaq among Muslims.

On Friday, the bench called the practice of triple talaq the "worst" and "not desirable" form of dissolution of marriages among Muslims.

Representing the government, additional solicitor general Tushar Mehta told the court that Islamic practices as practiced in India were not "pure Islam" but an "anglicized" form of the religion.

The AG said when a personal law, for example triple talaq as contained in Sharia law of 1937, violated fundamental rights guaranteed under the Constitution, then that personal law, practice or custom must go.

To this, Justice Rohinton F Nariman said that marriages are inexplicably a part of the religion and that is why we had separate enactments for different religions to deal with such issues.

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