Personal laws must be constitutionally compliant, says Arun Jaitley on Triple Talaq

Observing that the constitutional validity of 'Triple Talaq' is distinct from the Uniform Civil Code, he said as of today, the issue before the Supreme Court is only with regard to the constitutional validity of Triple Talaq.

By: PTI | New Delhi | Updated: October 16, 2016 8:51 pm
Arun Jaitley, Jaitley, Triple talaq, Jaitley Triple Talaq, Arun Jaitly on triple talaq, Arun Jaitley facebbok post, Jaitley facebook, Arun Jaitley fb, Uniform civil code, Marriage, dicorce, Triple talaq india, Triple Talaq and the Government’s Affidavit, Perdonal laws, India news, jaitley news, indian express news Finance Minister Arun Jaitley said there is a fundamental distinction between religious practices, rituals and civil rights. (File Photo)

Amid the ongoing debate over ‘Triple Talaq’, Finance Minister Arun Jaitley on Sunday said the government is of the clear view that personal laws should be constitutionally compliant and in conformity with norms of gender equality and the right to live with dignity. In a Facebook post titled “Triple Talaq and the Government’s Affidavit”, he said that governments in the past have shied from taking a categorical stand that personal laws must comply with Fundamental Rights but the present one has taken a clear position on the issue.

“Personal laws have to be constitutionally compliant and the institution of Triple Talaq, therefore, will have to be judged on the yardstick of equality and the Right to Live with Dignity. Needless to say that the same yardstick would be applicable to all other personal laws,” he said.

Observing that the constitutional validity of ‘Triple Talaq’ is distinct from the Uniform Civil Code, he said as of today, the issue before the Supreme Court is only with regard to the constitutional validity of Triple Talaq.

In its affidavit in Supreme Court on October 7, the Law Ministry argued that polygamy and Triple Talaq should be done away with, and said that such practices “cannot be regarded as essential or integral part of the religion”.

“The academic debate with regard to the Uniform Civil Code can go on before the Law Commission. The question to be answered is that assuming that each community has its separate personal law, should not those personal laws be constitutionally compliant?” Jaitley said.

He said there is a fundamental distinction between religious practices, rituals and civil rights.

“Religious functions associated with birth, adoption, succession, marriage, death, can all be conducted through rituals and customs as per existing religious practices.

“Should rights emanating from birth, adoption, succession, marriage, divorce etc. be guided by religion or by constitutional guarantees? Can there be inequality or compromise with human dignity in any of these matters?” Jaitley said.

Some people may hold a conservative, if not obsolete, view that personal laws need not be constitutionally compliant, he said, adding “the Government’s view is clear. Personal laws have to be constitutionally compliant…”.

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  1. I
    Ikok
    Oct 16, 2016 at 2:52 pm
    India hijacked by rascists and radicals
    Reply
    1. H
      Hamid
      Oct 17, 2016 at 4:15 am
      It is a religion of peace.Polygamy is the best else the faithful might start raping women left and right. And triple talaq is the best way to get rid of an old wife. After all men tend to get bored with the same wife for years together. Even they have the right to go for newer models. We should impose the criminal laws that they have in gulf countries for the faithful. It will ensure peace and crime free society.
      Reply
      1. M
        MyTake
        Oct 16, 2016 at 10:40 pm
        AIMPLB is a tribe by another name that wants to make its "rule" equivalent to the law of the land that are made by elected representatives!
        Reply
        1. M
          MyTake
          Oct 16, 2016 at 9:41 pm
          About Sanyas: Hindu man when takes Sanyas he not only divorces his wife, he divorces everything and not supposed to stay even in one place more than 3 consecutive nights! Its a call not for everyone and certainly nor for faint hearted or for ones who are neck-dip in material gains! Hindus, male or female (Shiva or Shakti) goes beyond the call of "utility" value if one is "determined" enough to pursue that beyond the apparent their horizon. One has to be evolved enough to be the recipient of that call which extends up to God's very own "Kingdom"! Islam has capped that limit (specially for women) and that's the difference! In order to have control over women, while letting the male folk loose, it came with all fantastic ideas/cover ups even in the name of God! Giving the benefit of doubt, which probably had some "value" when then Arab was an age of darkness (even according to Islam) but not for modern world when human beings are much more civilised then just getting their animal instincts taking over at the sight of an women or taking total control of them to become a criteria of their Godliness!
          Reply
          1. M
            MyTake
            Oct 16, 2016 at 9:51 pm
            If there is to be any legitimate Tripple Talaq, it should be between the PEOPLE andlt;br/gt;lt;br/gt;1. Congielt;br/gt;2. Commie andlt;br/gt;3. AAptardslt;br/gt;lt;br/gt;Talaq, talaq and talaq!lt;br/gt;lt;br/gt;Once people get true freedom, women of all walks of lives will also get their share of freedom, because, many shops selling wrong products will be closed by then!
            Reply
            1. M
              MyTake
              Oct 16, 2016 at 6:22 pm
              In Islam marriage is said to be a contract where man got the upper hand. lt;br/gt;lt;br/gt;It is, therefore, can be said that women got nothing more than "utility" value in the contract. Can any Muslim man deny that it is. It the case?lt;br/gt;lt;br/gt;The fight should be between Muslim men and women, if there is to be any and not between Muslim men and the state!
              Reply
              1. K
                Karupaiah
                Oct 16, 2016 at 1:08 pm
                Helo Arun Joot-Lie, what is today's GDP FORMULA. Where do you find time to think about triple talak and take time to write about that. What the FK happened to investments. lt;br/gt;lt;br/gt;What else did you do in the past 2.5 years?lt;br/gt;lt;br/gt;Why don't you mind your own business. lt;br/gt;lt;br/gt;Will you allow others to decide when you skrew you wife of when your daughter has SEKS with his boy friend and when she should breakup and how she should do that?
                Reply
                1. M
                  Malaimugil
                  Oct 16, 2016 at 12:57 pm
                  BLDY unqualified, unelected, election lost, useless finance minister, WHAT HE DK HAVE YOU GOT TO DO WITH THE PRIVATE LIFE AND PRACTICE OF 3 TALAKS?lt;br/gt;lt;br/gt;WHY DONT YOU DO WHAT YOU ARE SUPPOSED TO DO? lt;br/gt;lt;br/gt;WHY DONT YOU RABID DOGS REALIZE THAT IT IS A WORLDWIDE ACCEPTED SHAME TO FLIRT YOUR MIDDLE FINGER IN THE OLES OF OTHERS, BE IT MUSLIMS OR DALITS OR FOR THAT MATTER HINDUS(NON-BRAHMINS)
                  Reply
                  1. R
                    Romik
                    Oct 16, 2016 at 6:18 pm
                    Finally Muslim women will have some rights in India!!
                    Reply
                    1. S
                      SK
                      Oct 16, 2016 at 7:03 pm
                      Sati custom had been made illegal more than 60 years. the untouchablity has been illegal for a long time. get the facts before commenting. what do you mean by "widow"?
                      Reply
                      1. S
                        SK
                        Oct 16, 2016 at 6:49 pm
                        it seems that you are not aware of Hindu marriage. if a Hindu man takes sanyas without divorcing his wife then the wife can go to the court and divorce for a reason and claim a part of his property. If the wife chooses or not is a different question.
                        Reply
                        1. S
                          SK
                          Oct 16, 2016 at 7:08 pm
                          the root cause of Gujarat riots was burning of Hindus alive that created a mob. there was no babri masjid until 16th century that is supposedly built on a temple. the Muzaffarnagar incident again was a mob that resulted, according to the news media, some msulim youngster taking liberty of hindu female. of course, the law and order must be maintained.
                          Reply
                          1. S
                            SK
                            Oct 16, 2016 at 6:50 pm
                            the triple talaaq without any reason. the female does not have a right.
                            Reply
                            1. S
                              SK
                              Oct 16, 2016 at 7:05 pm
                              there is no triple talaaq in US. there is uniform civil code in US though every body is free to follow on religion. there are no religious evidences that the triple talaaq is religious.
                              Reply
                              1. S
                                SK
                                Oct 16, 2016 at 6:50 pm
                                while in the muslim personal law only man can use triple talaaq.
                                Reply
                                1. A
                                  Abbiya
                                  Oct 16, 2016 at 3:17 pm
                                  First of its india is not your four father property. The muslim original from India. Second those uniform civil law based on Hindu culture. They want there personal law as per religious practice. .nobody can interfering that personal law..since 70 years the following personal law. .why BJP Interfering in that matter. .chaddi gang you will destroying indian culture.
                                  Reply
                                  1. A
                                    Abbiya
                                    Oct 16, 2016 at 4:16 pm
                                    Mr.Arun Jaitly and BJP focus on..As many as 550 jobs have disappeared everyday in last four years and if this continues employment would shrink by 7 millions by 2050.as per the data released by labour bureau early 2016 india created only 1.35 lakh jobs in 2015 in comparison to 4.19 lakh in 2013 and 9 lakh in 2011..sab ka sath BJP ka vikas.
                                    Reply
                                    1. A
                                      abdul
                                      Oct 17, 2016 at 6:46 am
                                      A. well again, as per u, in the age when the Arabs were in Darkness 1. How many wives Hindu God shri Krishna had? Father of shri Ram had how many wives ? 2. How did Hindu God sri Ram divorced his wife Sita? what was the method? B. @when takes Sanyas he not only divorces his wife, he divorces everything " As per my knowledge, when a man takes sanyas, he does not divorce his wife. because the concept of divorce is not at all part of sacred HIndu laws to the best of my knowledge. This concept was introduced after Muslims and Britishers came to India. and if this is true, in such a case, the wife is left with no option to satisfy needs of a married life. and she can neither remarry.
                                      Reply
                                      1. A
                                        abdul
                                        Oct 17, 2016 at 6:54 am
                                        Muslim personal law is law of INdia, its not a rule of AIMPLB
                                        Reply
                                        1. A
                                          abdul
                                          Oct 17, 2016 at 6:35 am
                                          check and correct ur facts buddy, u live in a word full of fantasies ...
                                          Reply
                                          1. A
                                            abdul
                                            Oct 17, 2016 at 6:36 am
                                            hi check and correct ur facts buddy, u live in a word full of fantasies ...
                                            Reply
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