Asia & Australia

May 18, 2017

Triple Talaq Should Be Allowed Because It Had Been In Practice For Centuries: Centre Tells SC

Triple Talaq

On May 17, in the Supreme Court, Centre said that triple talaq should be allowed because it had been in practice for centuries.

Mukul Rohatgi, government’s top law officer, said that instant divorce was certainly not an essential part of Islam and it could not be allowed to continue by the court, just because it had been in practice for 1,400 years.

Before the country's five top judges hearing the triple talaq case, Rohatgi argued that "Can anyone say that we allow human sacrifice just because it was practiced earlier." Rohatgi further rejected suggestions,from Kapil Sibal that the court should adopt a hands-off approach because enacting a law as it would result in the majority community forcing its views on the minority community.

"It is not a majority versus minority issue.... It is a tussle between haves and have-nots within the system. It is intra-community struggle between men and women because men are more resourceful, earner and educated," Rohatgi said, pleading with SC to put a final end to the practice that the court too had called the "worst form" of dissolution of marriage.

“The top court must step in and remove triple talaq," Rohatgi said, going on to elaborate that old practices among Hindus such as Sati and untouchability had also been outlawed. But, SC promptly shot back by saying that "All these issues were addressed by the legislature which removed it. If we (court) enter, you will say the judiciary usurped powers of the legislature.”

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