New Delhi: The Narendra Modi Government on Friday unequivocally opposed the concept of ‘Triple Talaq’ as something which violates the fundamental rights as enshrined in the Constitution and said it did not form a part of the “essential religious practices" in Islam.
In a 28-page letter to the Supreme Court, which is its response to the affidavit submitted by the All India Muslim Personal Law Board (AIMPLB), the government said it was time that personal laws are relooked in the light of gender justice & dignity of women.
The triple talaq is against Constitutional morality and needed to be abolished to reaffirm the principle of non-discrimination, dignity & equality, says the letter, a copy of which is with CNN-News18.
The AIMPLB hearing and the Centre’s deposition comes in petition filed by Shayara Bano from Uttarakhand who had challenged Triple Talaq, polygamy and Nikah Halala as unconstitutional.
“I am very pleased with the government’s affidavit in SC today. This has a message for politicians who are refusing to speak up for women’s rights in the name of “not meddling in religious laws," Shayara Bano told CNN News18 on the Centre’s letter.
In September, SC had given the Centre four weeks to submit its reply to a batch of petitions on Triple Talaq. However, AIMPLB had in its affidavit contended that personal laws cannot be re-written in the name of reforms and Muslim personal law cannot be subjected to scrutiny as it derives it basis from Qur’an.
However, Zakia Soman, the co founder of the Bhartiya Muslim Mahila Andolan (BMMA), while speaking to CNN News18, says, “The government in fact took note of the affidavit submitted by the Muslim personal law board itself. It inferred that, Triple Talaq is not something which is granted by the Qur’an and it is the men who are using it according to their own will."
The apex court had directed the government to file a response to help the court decide that whether interfering in the Muslim Personal Law would infringe upon the fundamental rights of the community.
Muslim women campaigners are ecstatic at the response of the Central Government and are hopeful of a positive reformation regarding unilateral divorces, child marriage and polygamy.
AIMPLB earlier, taking shelter under the ‘Right to Religion’ guaranteed under the constitution , had submitted that such matters are not within the purview of the judiciary and even stated that during marital discord, it’s better for a man to divorce his wife, rather than resorting to ‘criminal ways to get rid of her.’
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