Will enact law for Muslims if SC bans triple talaq

Will enact law for Muslims if SC bans triple talaq

"Triple talaq is going on since 1,400 years, how can you say it is unconstitutional?"

Even theocratic states have undergone reform in this area of the law and therefore in a secular republic like India there is no reason to deny women the rights available under the Constitution, he said.

"Triple Talaq not a religious issue but related to social evils".

"Most of the Muslim countries have declared it invalid and Muslim women have been raising their voice in India too against triple talaq", he told reporters here on the sidelines of an event.

"It will be dealt in future", the bench clarified when the AG asked the bench to clear if these are still open. "The practice of triple talaq is discriminatory in three ways".

The cleric further said divorce rates within the community were around 0.5 percent, adding that by 2019, triple talaq cases would become negligible.

Naqvi referred to the issue now before the Supreme Court - and being discussed by organisations representing Muslims and others.

He 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.

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"Yes, we can bring law".

The Centre assured the Supreme Court on Monday that it would bring in a law to oversee divorce among Muslims if all forms of talaq were struck down, prompting the court to observe that this might erase personal laws and it was bound by the Constitution to protect the rights of minorities.

"If we accept that giving unfettered rights to a husband is bad and we strike down triple talaq, then where will Muslim men go for divorce?" asked Justice Uday Umesh Lalit who, along with the Chief Justice and Justices Kurian Joseph, Rohinton Fali Nariman and S. Abdul Nazeer were on the constitution bench.

The apex court has to test them on the touch-stone of the fundamental rights of gender equality, justice, dignity, gender discrimination and human rights under constitutional provisions, including Articles 14, 15, 21 and 51A.

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 bench said "it may not be possible to deal with all the three issues in the limited time we have".

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.

The practice of triple talaq enables Muslim men to get an instant divorce by uttering the word "talaq" or divorce thrice and is deemed to be sanctioned by the Shariat or Muslim personal laws, which govern their marriage and divorce in the country.

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