The BJP-led NDA government had earlier claimed before the court that the practice was incompatible with the principles of gender equality and justice enshrined in the Constitution. As Prime Minister Narendra Modi has raised the issue a number of times, the government needs to buttress its contention that the practice is not intrinsic to Islam and cannot be protected under the fundamental right to practice religion. Press Trust of India file photo
The Union government will advance its arguments in the Supreme Court on a batch of petitions challenging the constitutional validity of triple talaq from Monday. A five-judge bench, presided over by Chief Justice J S Khehar, has asked Additional Solicitor General Tushar Mehta to ensure that either he or Attorney General Mukul Rohatgi start making submissions on the issue on behalf of the Centre.
The BJP-led NDA government had earlier claimed before the court that the practice was incompatible with the principles of gender equality and justice enshrined in the Constitution. As Prime Minister Narendra Modi has raised the issue a number of times, the government needs to buttress its contention that the practice is not intrinsic to Islam and cannot be protected under the fundamental right to practice religion.
As arguments on behalf of the women petitioners as well as others concluded on Friday, the bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, made it clear to the law officer that it will not grant any adjournment as the matter is being heard during the court’s vacation period.
Gender justice and dignity of women are non-negotiable and are of overarching constitutional value, and can brook no compromise in a secular country like India, the government said. It cited the UN Convention, Vienna declaration and other international covenants to point out that even the Muslim Personal Law Board described the practice as “undesirable”.
The government also said that the practices of triple talaq, nikah halala and polygamy were regulated or done away with even in countries like Iran, Pakistan and Bangladesh. The government said triple talaq rendered Muslim women vulnerable and without any security, unlike women of other religions in the country, and that such discrimination based on religion cannot be countenanced.