Centre opposes bad islamic trends in SC

Centre opposes bad islamic trends in SC

FPJ BureauUpdated: Thursday, May 30, 2019, 12:12 PM IST
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For the first time in India’s constitutional history, govt asks the Apex Court to knock out triple talaq, nikah halala and polygamy among Muslims.

New Delhi : The Centre on Friday urged the Supreme Court to knock out the Islamic practices of triple talaq, nikah halala and polygamy in light of principles of gender justice and overriding principles of non-discrimination, dignity and equality.

Also Read : Now, Triple Talaq Comes Under Lens

In a 194-page affidavit, it contended that these practices by Muslims in India were “not integral to the practices of Islam or essential religious practices” and cited in support the extensive reforms even in Muslim countries where Islam is the state religion. It cited the changes in marriage laws in Pakistan, Bangladesh, Afghanistan, Morocco, Iran, Egypt, Indonesia, Turkey, Tunisia and Sri Lanka.

“It is noteworthy that even theocratic States have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the Constitution,” the affidavit said. The Bench of Justice Anil R. Dave and Justice Adarsh Kumar Goal had on its own accord on October 16, 2015 took up for examination effect of the triple talaq on women, seeking the Centre”s view.

The court also attached to the case a petition filed early this year by Shayara Bano (38), a resident of Kashipur, Uttarakhand, who was divorced by an Allahabad-based property dealer just through a telegram after 14 years of marriage. She is mother of a 13-year-old son and an 11-year-old daughter. The Muslim Personal Law Board had filed an affidavit earlier on September 2, urging the Court to keep its hands off the religious practices that are prescribed under the scriptures and customs.

The affidavit filed by Dr Mukulita Vijayawargiya, additional secretary in the Law Ministry says: “The fact that Muslim countries where Islam is the State religion have undergone extensive reform goes to establish that the practices in question cannot be regarded as integral to the practice of Islam or essential religious practices.”

It goes on to stress that “secularism being a hallmark of Indian democracy, no part of its citizenry ought to be denied access to fundamental rights.”

Citing numerous judgments, the affidavit counters the Muslim Personal Law Board”s claim of protection over religious practices under Article 25. It says the practices of triple talaq, nikah halala and polygamy cannot be regarded as an essential or integral part of religion to have such a protection.

No ”undesirable” practice can be elevated to the status of an ”essential religious practice,” much less one that forms the substratum of religion, the affidavit added.

While triple talaq is used by Muslim men to divorce their wives by pronouncing talaq thrice, the polygamy allows him to have more than one wife, but the worst is the practice of nikah halala. If a man has divorced a woman and wants to remarry her, she will have to first marry another person, live with him and let that person divorce her to be eligible to marry the first husband.

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