SC will protect women's right: Cong on triple talaq

SC will protect women's right: Cong on triple talaq

"The scope of referring had all the three issues that was divorce, nikah halala, polygamy. The Muslim Personal Law already addresses the issue of triple talaq being misused and those doing so are punished", AIMPLB member Maulana Khalid Rashid Firangi Mahali told ANI. Jethmalani argued that any law that is enforceable by courts is covered by Article 13, and consequently, is covered by Articles 14 and 15.

A five-judge constitution bench headed by Chief Justice J S Khehar said "we are not only the guardian of the Constitution but also the guardian of minority rights" and will have to see if triple talaq formed a fundamental part of religion and pass the test of "essentiality" under Article 25. "Just like how the Hindu Marriage Act exists, there should be a Muslim Marriage law as well", added Shaista.

Mr Rohatgi maintained that these practices were not protected under the right to religion guaranteed under Article 25 (1) of the Constitution.

"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 constitution bench of the Indian Supreme Court, comprising senior-most judges, is now hearing several litigations filed by Muslim women and rights groups demanding a review of the practice of triple talaq among Muslims.

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. "Do Muslim women have equality in matter of divorce within the community? Hence, the contention of the man on this aspect is found to be without any merits", Special Judge Bhupesh Kumar said while relying on a Supreme Court observation.

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During the hearing, Additional Solicitor General Tushar Mehta said that AIMPLB should apologise for justifying triple talaq in its affidavit by saying that men have greater strength to control their emotions.

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.

A country like Pakistan has done away with triple talaq and India being a secular state continues to hold on to it, the Supreme Court was told on Monday.

Sibal, starting his arguments, said the court should not interfere in Muslims' personal laws, otherwise the personal laws of other communities too could be challenged by anyone.

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

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