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Triple talaq unconstitutional, govt to tell SC

Bench headed by CJI is hearing petitions on validity of triple talaq.

By: Express News Service | New Delhi |
Updated: October 13, 2016 5:44:14 pm
triple talaq, supreme court triple talaq, sharia law, sharia law triple talaq, india news, indian express, Supreme Court. (File Photo)

The Centre is set to inform the Supreme Court that the practice of triple talaq is unconstitutional and also against gender equality. While doing so, the government will also refer to the secular character of the country, arguing that the practice is “unfair, discriminatory and unreasonable”, highly placed sources told The Indian Express Friday.

However, the focus will be on underlining the anti-gender equality character of the system of triple talaq. The Centre’s response to the issue was firmed up after meetings between representatives of the Union ministries of Home, Finance, Women and Child Development and Law.

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“The government view that will be enunciated in the Supreme Court would be that the issue has to be viewed through the prism of gender justice and not uniform civil code. That is why it needs to be decided in view of the rights of the gender and gender equality,” said the source.

Elaborating, the source said, “Faith is protected under our fundamental rights but practices like triple talaq aren’t. Practices that are unconstitutional should be put an end to.”

The Centre is expected to file a detailed response on the issue in the Supreme Court soon.

A bench headed by Chief Justice of India T S Thakur is hearing a bunch of petitions questioning the legal validity of the practice of triple talaq.

“Nearly 20 Islamic countries, including those in India’s neighbourhood like Pakistan and Bangladesh, have already regulated the matrimony laws, including triple talaq. There has not been a plea in these countries that such regulations are not in compliance with Sharia laws. So anybody who takes such a plea in India is wrong,” said the source.

 

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