New Delhi: After dilly dallying for a very long time, the cat is out of hat. BJP led NDA government at the center has finally told the government what it has been planning to tell all along.
Narendra Modi government has told India’s apex court that the ‘triple talaq’ practice was un-Islamic. The government also said that the polygamy that was practiced by the Indian Muslim community was also not fundamental for Muslims from the point of belief.
While making representation in the Supreme Court, the government told the Supreme Court that these two practices were actually not “integral to the practices of Islam or essential religious practices.”
In an affidavit presented by the union government in the apex court , the government said, “The fact that Muslim countries where Islam is the state religion have undergone extensive reforms goes to establish that the practise in question cannot be regarded as integral to the practices of Islam or essential religious practices”.
The Indian government said that there are several countries that have done the same thing as far as personal laws are concerned. Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.
The government affidavit said, “It is noteworthy that even theocratic states have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the constitution”.
An apex court bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel had by their October 16, 2015 order, issued notice to Attorney General Mukul Rohatgi and the National Legal Service Authority as it directed the separate listing of a PIL addressing the question of the rights of Muslim women. The government said that the question of triple talaq, where husbands can summarily divorce their wives by 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, and polygamy needs to be considered in the light of the “principle of non-discrimination, dignity and equality”.