Declare triple talaq unconstitutional: Government

NEW DELHI: The Modi government on Monday urged the Supreme Court to declare triple talaq as unconstitutional on the constitutional parameter of gender equality, and also have a look at other pernicious practices such as polygamy and ‘nikaah halala’ (temporary marriages to a third party should spouses who separate through triple talaq, wish to get back together) prevalent in the Muslim community.

The bench, led by Chief Justice JS Khehar, which is dealing with several petitions seeking to strike down triple talaq as violative of Muslim women’s right to equality, did not, however, seem eager to deal with issues such as polygamy and nikaah halala for now. It hinted that it may take up the issues at a later date.

The central government is thinking of bringing in a legislation codifying the law relating to marriage in the community should the top court take the first step and strike down triple talaq as violative of the right to equality guaranteed to Muslim women by the Constitution. "Matters of personal law have no relation with religion. This is not an ecclesiastical court. This court is not expected to interpret the Quran, the Guru Granth Sahib or the Gita," attorney general Mukul Rohatgi said in his first submissions before a five-judge bench dealing with the issue.

"…if you strike down the practice as illegal and unconstitutional, then the Centre will bring in a law. The legislation will govern marriage and divorce in the community. It is not that people will be left to die," Rohatgi said, making Justice Kurian Joseph wonder why the government can’t do it now.

Senior advocate Kapil Sibal, who is appearing for the All India Muslim Personal Law Board, on the other hand, stoutly resisted any court intervention in personal laws. "The issue is not talaq, the issue is patriarchy, that is part of every religion," he argued.