Triple talaq, polygamy not integral to Islamic practices: SC


Delhi, 8 Oct: In a secular Country, a religion can be a reason to deny equal status and dignity to women? The Union government on Friday came out strongly with its stand against the practice of triple talaq’, or ‘nikaah halaal’ by which Muslim husbands can summarily divorce their wives.

Centre asserted that Polygamy it is not an integral to the practices of Islam or essential religious practices . It said that any practice by which women are left socially and financially or emotionally vulnerable is against gender justice.

A Variety of examples were given by the Centre where the Islamic countries have made reforms in their laws and have disregarded triple talaq then why India even after being a secular country is denying the rights of women under the Constitution, centre asked.

The centre filed an affidavit of Friday and made the claims as a response to top court’s September 5 order which asking it to spell out its position on the right of Muslim women in matrimonial matters relating to divorce and maintenance, including triple talaq.

The government lamented that the question of triple talaq and polygamy needs to be considered in the light of the “principle of non-discrimination, dignity and equality”.

Muslime men can divorce their wives summarily by just pronouncing the word ‘talaq’ thrice, ‘nikaah halaal’ under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband.

Government stated that right of women to human dignity, social esteem and self-worth are important aspects of right to life.

It affirmed that the constitutional right should be given to all irrespective of religion and pointed out that India was a signatory to international covenants which guarantees right to equality to women.

“The fundamental question for determination is whether in a secular democracy, religion can be reason to deny equal status and dignity, available to women under the constitution,” the government said in its response affidavit.

Wefornews Bureau

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