Why not do away with validity of marriages under Hindu Marriage Act
Why not do away with validity of marriages under Hindu Marriage Act
Day 3 – Triple Talaq hearing in Supreme Court
16 May, 2017, 10:09
Sibal told a bench, also comprising Justices Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, that there was a difference between personal law and customs and usage.
"We have confidence that the Supreme Court will protect women's right".
To a query from the bench, senior advocate Kapil Sibal, appearing for the All India Muslim Personal Law Board, said no government had ever introduced a bill on the triple talaq so far.
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". "So no matter whether a practice is essential to religion or not, talaq has to abide by the principles of gender equality and Justice", Mr. Rohatgi submitted. The push also looks to win support from Muslim women and chip away at an important bloc of voters that has viewed Mr Modi with suspicion.
He said practices of marriage and divorce have been codified as "personal law" under Section 2 of the 1937 Act.
"The scope of referring had all the three issues that was divorce, nikah halala, polygamy". Nikah halala allows a woman to go back to her husband but only after she marries another man, consummates the marriage and gets a divorce.
The top court, earlier on Thursday, began hearing several pleas filed by Muslim women rejecting the practice of Triple Talaq.
Mr Rohatgi maintained that these practices were not protected under the right to religion guaranteed under Article 25 (1) of the Constitution.
On the second day of the hearing last Friday, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the apex court that the controversial Islamic divorce system can not be justified whatsoever.
The issue has come under scrutiny with reports emerging of men divorcing their wives via letters, Skype and even WhatsApp messages.
'The fact that Muslim countries where Islam is the state religion have undergone extensive reform goes to establish that the practices in question can not be regarded as integral to the practice of Islam or essential religious practices.
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. Rohatgi argued that triple talaq was bad in law as it gave men unilateral right to irrevocably end a marriage.
"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.
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