'Triple Talaq should be declared invalid'

Posted May 16, 2017

Rohatgi told the bench that if they struck down triple talaq, as well as Nikah Halala and polygamy, the government would draft and institute a new law.

"If the court takes the first step and quashes talaq in entirety, we will take the next step of enacting a new law", Rohatgi replied.

"Right to religion can not mean that Article 25 protects only what citizens do inside a temple, mosque, gurdwara or other religious institutions but not other customs or practices they perform outside", the bench said while responding to the AG's arguments. "And here, one half of a community suffers inequality from the male counterpart of the same community", Mr. Rohatgi submitted.

Last week, the All India Muslim Women Personal Law Board had argued that the instant talaq, far from being sanctioned by the Quran, actually violated the holy book's teachings of compassion.

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". He said that triple talaq is an assault on gender equality and human rights.

The Attorney General and top law officers speaking to the Central government contending before the five-judge Constitution seat said the pinnacle court ought to hear different cases additionally, other than Triple Talaq.

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. "Triple talaq is not part of religion".

Supporting the position of closure the act of triple talaq, the Allahabad High Court had before declared that the privileges of any individual, including Muslim ladies, can't be damaged for the sake of "individual law".

Sibal further said court should not intervene in matters of faith.

The Supreme Court will continue its hearing on the most timro triple talaq case today.

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.

The Center, prior on May 11, told the zenith court that it contradicts the triple talaq practice and needs to battle for ladies correspondence and sexual orientation equity.

To this, Rohatgi said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.

However, some men have previously skipped the notice period by performing what is known as "triple talaq" in one sitting, which makes the split instantaneous.