Triple talaq: Personal laws should comply with Constitution, says Arun Jaitley

"Governments in the past have shied from taking a categorical stand that personal laws must comply with fundamental rights. The present government has taken a clear position,” Jaitley said.

By: Express News Service | New Delhi | Updated: October 17, 2016 9:03 am
Triple talaq,Arun Jaitley, Jaitley on Triple talaq,  islam triple talaq, islam talaq, Triple talaq issue, islam. muslims, Personal laws, Constitution, Arun Jaitley, india news Finance Minister Arun Jaitley. (File Photo)

Amid the row over the government’s affidavit in the Supreme Court for abolishing triple talaq, senior BJP leader and Union Finance Minister Arun Jaitley Sunday stressed that there is a “fundamental distinction between religious practices, rituals and civil rights”. In a Facebook post titled “Triple Talaq and the Government’s Affidavit”, Jaitley, a former Union law minister, said the government is of the clear view that “personal laws should be constitutionally compliant and in conformity with norms of gender equality”. He took a dig at previous governments for not taking a categorical stand on the issue.

“The government’s view is clear. 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. As of today, the issue before the Supreme Court is only with regard to the constitutional validity of triple talaq. Governments in the past have shied from taking a categorical stand that personal laws must comply with fundamental rights. The present government has taken a clear position,” Jaitley said.

He underlined that the issue with regard to the constitutional validity of triple talaq is distinct from the Uniform Civil Code. “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 the framers of the Constitution had expressed hope in the Directive Principles of State Policy that the state would endeavour to have a Uniform Civil Law. He also referred to various changes brought by governments in the past in Hindu personal laws and provisions of marriage and divorce relating to the Christian community in order to bring about gender equality.

“Governments, legislatures and communities have to respond to the need for a change. As communities have progressed, there is a greater realisation with regard to gender equality.” he said.

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  1. F
    Firoz Alam
    Oct 17, 2016 at 2:11 am
    Govt may not succeed in its attempt to abolish triple talaq in the present political turmoil because anti BJP wind has started blowing throughout the country. Even the supporters of women's right may not support the cause for the reason well understood. But a piece of advise for Ulemas of Jamat-e-islami hind and Deoband---they should give a thought on this grave issue if equality in Islam is justified. They should reform shariya law to make it at par with changing status of education level in modern Muslim women so that the religion could sail smoothly keeping pace with time, otherwise supremacy of these schools will be liable to face challenge from the coming generation.
  2. S
    Oct 16, 2016 at 11:35 pm
    Agree, in case Jaitley missed the point, it shall however occur by consional amendment since the personal law is Devine not human
  3. A
    Oct 17, 2016 at 2:23 am
    Is Good so cruel that He wants to treat the women folk as second rate ? What kind of God !? It is purely to suppress the women the mulla moulvi clique invented these tools of oppression.
  4. S
    Oct 17, 2016 at 3:01 am
    just annul the shah-bano act by simple parliament majority you have, no need to go to court which actually ensures it may not be resoved at least till next lok sabha election
  5. M
    Oct 17, 2016 at 2:40 am
    I want 4 women too.. Kabadi kabadi.
  6. M
    Oct 17, 2016 at 2:38 am
    It is muslim women who went to supreme court. The Government is responding. Even muslim parties like Congress, JDU,CPM, SP, And Hindu or Christian leaders of muslim like Pappu Mian, Kanjriwala, Dog Defeat Singh had not taken a clear stand becuase MUSLIMS WOMEN VOTE.
  7. M
    Munzir Baig
    Oct 17, 2016 at 3:03 am
    Dear Anand, cruel are human beings not God. What do you about religion. You don't know about your own religion and why you want poke your nose in others. You first read your own holy books and understand what these books say about idol worship.
  8. M
    Munzir Baig
    Oct 17, 2016 at 4:48 am
    It is used by people who are illiterates or who no nothing about religion. Religion does say you to use triple talaq as you wish. These muslims should ponder over again and again to understand what triple talaq is!
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