Supreme Court has described triple talaq the "worst and undesirable form" of dissolution of marriage
Previous governments did not bring law on triple talaq because the issue is dealing sensitively with minorities, the government told the Supreme Court today. But even personal laws must not flout the Constitution, which grants equal rights to all, the Centre told a bench that's examining the legality of triple talaq - under which a Muslim man can divorce his wife by saying "Talaq" thrice.
The government has already told the court that it would bring law on marriage and divorce among Muslims if it strikes down the practice of triple talaq as invalid and unconstitutional.
"The issue is sensitive dealing with minorities and that's why the previous governments did not bring (such a) law," Attorney General Mukul Rohatgi told the Constitution bench, which is holding special hearings on the knotty issue over the summer vacation.
The government earlier said it is ideally in favour of completely abolishing triple talaq. Today it said the system is "contrary to equality, gender equality and human rights". "Issues of marriage and divorce have nothing to do with religion," Mr Rohatgi told the court.
The Muslim law board, which is being represented by former union minister and senior advocate Kapil Sibal has argued that it is not triple talaq that's at fault.
"The issue is not talaq but patriarchy," Mr Sibal said. Citing another example, he said, "In Hindu law, a father can deny property to a son or daughter. But this is not permissible in Mohamadan law. Is this not discriminatory?"
The bench, which will hear the issue again, has said it would not examine polygamy and nikah halala - in which a divorced woman has to marry another man and divorce him before she can go back to her first husband. "The issues will remain open," Chief Justice JS Khehar has said, indicating the possibility of examining them at a later date.