New law if SC bans triple talaq
- Author: Rogelio Becker May 16, 2017,
May 16, 2017, 7:13
The AG said also said that if the SC strikes down triple talaq completely then the government will bring a divorce law for Muslims.
The A-G said triple talaq was not fundamental to Muslim personal law, and as the guardian of fundamental rights, the court should protect the rights of half of the Muslim population, which suffers discrimination.
As the issue of triple talaq is being debated in the Supreme Court, a city court has ruled that the marriage performed by a Muslim woman during the "iddat" (waiting) period is not void.
A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.
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.
In addition, he urged that practices of polygamy and "Nikah Halala" too fell foul of the Constitution, and should be dealt with by the Bench.
Muslim women in India have not been given rights that women in other countries have been given, said Mukul Rohatgi.
The government had said there is no reason that women in India should be denied their Constitutional rights when "Muslim countries where Islam is the state religion have undergone extensive reform" in this sphere.
Theocratic states like Pakistan have reformed and given up this practice.
"Decision on triple talaq may or may not have a bearing on the other two issues".
On Friday, lawyer Farha Faiz, who is opposing Triple Talaq in the SC, alleged that Muslim clerics were running a parallel judicial system like the trial courts and the high courts and the clerics were forcing Muslims not to go to the courts. "We will keep them pending for future".
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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.
Rohatgi replied: "Constitutional morality has to prevail".
The apex court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.
"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued.
Triple talaq involved personal laws and if the government wanted, it could frame a law but it didn't require court's interference, the All India Muslim Personal Law board has told the court.
To this, the bench said then the government will say "Mr Reformist this is not your domain, you have to be within your limit".
The Supreme Court is hearing pleas challenging triple talaq, polygamy and "nikah halala".