The Centre opposed in the Supreme Court on Friday the practices of triple talaq and polygamy among Muslims, and favoured a relook, saying women’s dignity and constitutional rights are not negotiable.
The Narendra Modi government said that triple talaq is not an essential religious practice in Islam, and its alleged sanctity is completely misplaced in a secular country. The government was responding to a clutch of petitions, including the one filed by one Shayaro Bano.
This is the first time the Centre has officially opposed the contentious customs that have divided the Muslim community. A Muslim man can divorce his wife by pronouncing the word talaq thrice under Muslim personal law based on the Sharia. Muslim men can have four wives.
The Union ministry of law and justice said in its 29-page affidavit that even theocratic states have undergone extensive reforms, and women in India should not be denied their constitutional rights. Women’s groups and individuals have been advocating sweeping reforms in Muslim personal law seen to be heavily favouring men.
“The issue needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality,” said the affidavit filed by Mukulita Vijayawargiya, additional secretary in the ministry. The Centre made these points while opposing the submissions of the All India Muslim Personal Law Board (AIMPLB), which told the Supreme Court last month that “rewriting personal law in the name of social reforms” would erode religious freedom guaranteed by Indian Constitution.
“In a secular democracy, religion cannot be a reason to deny equal status and dignity available to women under the Constitution,-" the government’s affidavit however said on Friday.
The government also said that absence of reforms in the Mulsim community has left women extremely vulnerable, both socially and financially.
The AIMPLB — a non-government organisation that is supposed to educate Indian Muslims on the protection and application of Islamic laws —had said that a man giving triple talaq to his wife was a better option than murdering her or burning her alive. It had also said polygamy was Islamic banning of which would lead to promiscuous sexual practices.
