In a first such instance in the history of independent India, the central government today told the Supreme Court that it is against the practice of triple talaq that allows a Muslim man to divorce his wife by pronouncing the word ‘talaq’ three times.
In a 28-page affidavit filed before the apex court, the government said that “gender equality and dignity of women is non-negotiable and we can brook no compromise.”
In its affidavit, the NDA government said, “Validity of triple talaq and polygamy should be seen in light of gender justice.”
The government’s articulation of its stand before the court followed a notice by the SC in September this year according the Centre four weeks to submit its reply to a batch of petitions on triple talaq.
The first among these pleas was filed by Shayara Bano from Uttarakhand who challenged the practices like triple talaq, polygamy and “nikah halala” as being unconstitutional.
Two women divorced through triple talaq from Jaipur and Kolkata also approached the court. Their petitions and a number of supportive pleas filed by Muslim women’s organisations have all been bunched together.
Opposing these petitions in court are the Jamiat-Ulema-e-Hind (JUH) and the All India Muslim Personal Law Board (AIMPLB).
AIMPLB had told the apex court that personal laws can’t be re-written in the name of reforms and that the validity of Muslim personal law “cannot be tested” as it derives from Quran.
Bharatiya Muslim Mahila Andolan, which is also one of the petitioners in SC, spearheaded a signature campaign earlier this year in which over 50,000 Muslim women and men participated and sought a ban on triple talaq.
