Talaq is not an issue, Issue is patriarchy, Says Kapil Sibal

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Kapil Sibal, who represents counsel of All India Muslim Personal Law Board said Talaq is not an issue but partriachy is by saying all the personal laws are discriminatory.

By quoting Hindu law, he said a father can write a will that his property will not go to his daughter. But in Muslim personal law, it cannot happen.

Sibal said Muslim man cannot write a will against his daughter, as it will go by default on her name. He asked Is Hindu law not discriminatory here ?

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Will the Supreme Court strike down Hindu law? Why nobody is talking about it. What about hundreds of Hindu women making rounds in courts for years seeking divorce.

Sibal said in Constitutional scheme, personal laws are itself protected. That’s why the Constituent assembly separated personal laws from customs and practices. There are so many customs in Himachal Pradesh which are not in accordance with Hindu law. Similarly in North West frontier province, there are so many customs contrary to Muslim laws. But these customs are protected.

Earlier The Central government on Monday told the Supreme Court that if the latter invalidates the men-centric triple talaq that is discriminatory to Muslim women, then it would bring a new divorce law that would be fair and equal to both men and women in the community.

As Attorney General Mukul Rohatgi argued against triple talaq and stressed the need to strike it down, the five judges constitution bench headed by Chief Justice Jagdish Singh Khehar asked him if this is done, then what will happen to Muslim men who went to end their marriage.

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“If we accept that giving unfettered rights to a husband is bad and we strike down triple talaq, then where will Muslim men go for divorce,” asked Justice Uday Umesh Lalit who, along with the CJI, Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice S. Abdul Nazeer are on the constitution bench.

Without losing a moment, Rohatgi told the bench that if they strike down the all three – triple talaq, Nikah Halala and polygamy, then the government will bring a new law.

At this, Chief Justice Khehar said that the top court was not just the “guardian to the Constitution but also that of the Minorities Act.”

At the outset of the hearing, the Attorney General urged the court to examine not just the validity of the triple talaq vis-a-vis the Constitution but also that of the Nikah Halal and polygamy.

Citing the limited time that is available, the bench said that as of now it would focus on the validity of triple talaq, leaving other two issues for the future. Sibal to continue tomorrow.

with input IANS

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