Government wants new law to replace triple talaq

Government wants new law to replace triple talaq

Government wants new law to replace triple talaq

The court said, the issues of polygamy and "nikah halala" among Muslims will be decided in the future.

The Attorney General also said what kind of religious practices are essential to a particular religion or faith was hard to define for the court.

The petitioners' arguments concluded on Friday last week, with a host of Senior Advocates including Ram Jethmalani, Salman Khurshid, Anand Grover, Indira Jaising and Amit Singh Chadha appearing for various parties.

The Center, prior on May 11, told the zenith court that it contradicts the triple talaq practice and needs to battle for ladies correspondence and sexual orientation equity.

The multi-faith bench comprising Chief Justice of India JS Khehar and Justices Kurian Joseph, Rohinton Nariman, Uday Lalit and Abdul Nazeer is examining the legality of triple talaq after a clutch of petitions for a ban on the practice was filed. "Marriage and divorce are part of personal laws and are religious ceremonies". "Triple talaq is not part of religion". Some religious rights are given to all under Article 25.

"Muslim women must have equal rights to property, succession, marriage and it should be non-discriminatory among the women of same class and other communities", Rohatgi said.

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Rohatgi said the instant talaq was unconstitutional under Article 13 (laws, customs, practices in derogation of fundamental rights), 14 (equality) 15 (prohibition against discrimination) and 21 (life and liberty). "And here, one half of a community suffers inequality from the male counterpart of the same community", Mr. Rohatgi submitted.

Rohatgi argued that the court, as the guardian of the Constitution, had a duty to protect citizens' fundamental rights.

Mr Rohatgi brought to the notice of the court that a large number of Muslim countries such as, Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt and Iran have undertaken significant reforms and have regulated divorce laws.

When the bench sought a clarification, the AG said, "If all three forms of talaq are struck down, then we will not leave a vacuum".

During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal". But once marriage and divorce is separated from religion, in this case under Section 2 of the 1937 Act, these practices of talaq no more enjoy the protection of Article 25 (freedom of religion) of the Constitution.

After repeatedly announcing that it would not test the validity of any issue other than triple tala, the Supreme Court on Monday clarified that it had not closed the window to scrutiny of two contentious issues: polygamy and nikah halala.

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