The Centre maintaining the same stand on the much debated triple talaq, told the Supreme Court that it opposes the system and wants to fight for women equality and gender justice.
The next hearing on the matter would be issued on May 15 by Attorney General (AG) Mukul Rohatgi. However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that the triple talaq falls under the Muslim Board and therefore should not interfere.
Sibal said, “The Central Government makes rules but in my opinion, the apex court should not interfere with it.” The apex court, earlier in the day, observed that it would examine whether the issue is vital to religion or not. A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.
Several Muslim women have filed petitions in the apex court, and hence the apex court rejected the practice of triple talaq. Endless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.
The Allahabad High Court, supporting the stance of ending the practice of triple talaq, had earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of “personal law”. It further termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice “unconstitutional” in December last year.
The court further observed that triple talaq sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women. “Triple talaq is unconstitutional. It violates the rights of Muslim women,” ruled the high court, adding that no personal law board was above the Constitution, said the HC.