A AKHTER / New Delhi
The Union government today told the Supreme Court that triple Talaq, polygamy and Halala are not essential or intrinsic part of Islam, thereby creating ripples among the Muslim community in the country.
The Centre’s stand, which many may consider progressive, is likely to receive flak from Muslim groups who have been campaigning in favour of separate personal law.
“The fact that Muslim countries where Islam is the State religion have undergone extensive reforms goes to establish that the practise in question cannot be regarded as integral to the practices of Islam or essential religious practice”, the Government told the apex court.
The government said this in response to top court on September 5 asking it spell out its position on the right of Muslim women in matrimonial matters relating to divorce and maintenance, including triple talaq.
Gender justice is important. Any practice by which women are left socially and financially or emotionally vulnerable or subject to whims and caprice of men folk is against gender justice says government in an affidavit to apex court.
It said that right of women to human dignity, social esteem and self worth are important facets of right to life. “Constitutional right should be given to all irrespective of religion. Dignity of women is non negotiable. there cannot be compromise on this”, the affidavit said.
India is signatory to international covenants which guarantees right to equality to women. Personal laws must be examined in light of gender justice and dignity of women.
“Personal law inconsistent with fundamental right is void. Triple talaq, polygamy and halala are not essential and integral part of Islam” the affidavit noted.
Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Sri Lanka, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.
“It is noteworthy that even theocratic States have undergone reforms in this area pf the law and therefore in a secular republic like India there is no reason to deny women the right available under the constitution”, the government has said.
The SC bench of Justice Anil R. Dave and Justice Adarsh Kumar Goal had by their October 16, 2015, order issued notice to Attorney General Mukul Rohatgi and the National Legal Service Authority as it directed the separate listing of a PIL addressing the question of the rights of Muslim women.