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SC will protect women's right: Cong on triple talaq

ANI  |  New Delhi [India] 

A day after the Centre said that it would introduce a 'law' to regulate marriage and divorce among Muslims if the Supreme scrapped triple talaq, the refrained from commenting over the 'sensitive issue' while expressing confidence over apex court's 'ultimate' decision.

"We are yet to hear as to what is the view of the Supreme on this matter. It would be better we rein our horses before making a comment on this sensitive issue," leader Tom Vadakkan told ANI.

Echoing the same, leader Shobha Oza said that it was not right to comment over the matter when the hearing is already underway in the apex

"We have confidence that the Supreme will protect women's right. The apex will assure women's right," she added.

The Centre yesterday assured the apex that it will come out with a to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid.

"The will come out with to regulate marriage and divorce among Muslims if holds Triple Talaq as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex bench that Triple Talaq violates Muslim women's right to equality within the community, and also within the country

Earlier in the hearing, the apex refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it will focus on one matter at a time.

The Attorney General and top officers representing the Central arguing in front of the five judge Constitution bench said the apex should hear other cases also, besides Triple Talaq.

However, the top said that they have limited time, so all the matters could not be covered at present.

On the second day of the hearing last Friday, senior leader Salman Khurshid, who is the amicus curiae in the matter, said before the apex that the controversial Islamic divorce system cannot be justified whatsoever.

Citing examples, Khurshid told the that the Triple Talaq practice cannot be validated constitutionally.

"There was a discussion that whether Triple Talaq is valid constitutionally.

Substantiating my view with reasons and examples, I asserted that it cannot be justified and cannot be given law's validation," Khurshid said during the hearing.

The Centre, earlier on May 11, told the apex that it opposes the triple talaq practice and wants to fight for women equality and gender justice.

However, All India Muslim Personal Board (AIMPLB) counsel Kapil Sibal told the apex that Triple Talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top should not interfere in it.

"The Central makes rules but in my opinion the apex should not interfere into it," Sibal said.

While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex observed that it would examine whether the issue is fundamental to religion or not.

A five-judge bench of the apex further observed that it would not hear polygamy issue along with the triple talaq case.

Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim personal over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.

Supporting the stance of ending the practice of triple talaq, the Allahabad High had earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of 'personal law'.

In December last year, the Allahabad High termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional."

"Triple talaq is unconstitutional. It violates the rights of Muslim women," ruled the high court, adding that no personal board was above the Constitution.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, May 16 2017. 03:44 IST
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