As the Supreme Court of India continues its hearing on Triple Talaq, a TV journalist wrote this post on his timeline highlighting the development that took place on Monday in the court.
“AG: Marriage and divorce are not part of religion. SC is not an expert of any religion so SC should not go into this argument. Marriage and divorce have nothing to do with religion. Personal laws are just laws and not part of religion. Every law, including personal law, must pass the test of Constitution in terms of gender justice and equality. Any personal law cannot bypass Constitution.
“CJI: We are not just guardians of Constitution. We are also guardians of minorities.
“AG: This is a question of minority within minority.
“CJI: But what you are saying will finish minority rights.
“AG argues that all the three forms of Talaq among Muslims are arbitrary and SC should strike this down. (note – earlier, govt in an affidavit had opposed only triple talaq or instant talaq or talaq e biddat. It was in favour of talaq e ahsan and talaq e hasna which are a three month process with provision of arbitration and self introspection and reconciliation)
“To which SC asked if we abolish all forms of Talaq then how will talaq happen.
“AG: We will bring a law. If there is any vacuum, we will not leave people high and dry. AG hinted that the law will regulate marriage and divorce among Muslims.
“Justice Rohington Nariman posed a question to AG. What do you think of Hindu Marriage Act. The changes in Hindu Marriage Act are all secular or have been part of social reform and social justice as part of religion.
“CJI added: Yes it is an important question and you must answer this if your argument is that marriage and divorce are not part of religion.
“AG could not answer this.
“CJI tells him to think about it and then answer.
“Triple talaq hearing post lunch.
“Kapil Sibal on behalf of All India Muslim Personal Law Board
“Talaq is not an issue. Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory. In Hindu law, a father can write a will that his property will not go to his daughter. But in Muslim personal law, it cannot happen. A Muslim man cannot write a will against his daughter. The property will mandatorily go to daughter. Is Hindu law not discriminatory here. Will the Supreme Court strike down Hindu law? Why nobody is talking about it. What about hundreds of Hindu women making rounds in courts for years seeking divorce.
“Sibal said in Constitutional scheme, personal laws are itself protected. That’s why the Constituent assembly separated personal laws from customs and practices. There are so many customs in Himachal Pradesh which are not in accordance with Hindu law. Similarly in North West frontier province, there are so many customs contrary to Muslim laws. But these customs are protected.
“Sibal to continue tomorrow,” wrote Ehtasham Khan.