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All patriarchal societies discriminate: AIMPLB to SC
16 May 2017, 10:17 | Katie Chavez
Day 3 – Triple Talaq hearing in Supreme Court
Attorney General Mukul Rohatgi informed the Supreme Court about the Narendra Modi government's intent when asked what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
"All patriarchal societies are partial".
The Supreme Court on Tuesday continued its hearing on a bunch of petitions relating to the practice of triple talaq, with the All India Muslim Personal Board presenting its case in the court.
The Supreme Court on Monday continued its hearing on the constitutional illegality of the triple talaq issue.
"If the court takes the first step and quashes talaq in entirety, we will take the next step of enacting a new law", Rohatgi replied. We are sure the decision will be taken in line with our Muslim personal law and the constitution.
Even theocratic states have undergone reform in this area of the law and therefore in a secular republic like India there is no reason to deny women the rights available under the Constitution, he said. There is no law for past 60 years.
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On the second day of the hearing last Friday, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the apex court that the controversial Islamic divorce system can not be justified whatsoever.
The court said there was "sufficient evidence" to issue notice to the Muslim man, who worked with the Coal India Ltd in Chhattisgarh, under the domestic violence act, saying "even depriving aggrieved person economically or financially amounts to domestic violence".
Rohatgi highlighted that the Hindu practice of sati -the ostensibly voluntary but often forced burning of widows on their husbands' pyres - was abolished by law in the 19th century, and that Hindus could not cite this to claim their religious rights had been violated. Today it said the system is "contrary to equality, gender equality and human rights".
A five-judge Constitution bench headed by Chief Justice J S Khehar said, "It may not be possible to deal with all the three issues in the limited time we have. All these three issues are before this court by virtue of the reference order of the two-judge bench", Rohatgi said. "We will keep them pending for future". But once marriage and divorce is separated from religion, in this case under Section 2 of the 1937 Act, these practices of talaq no more enjoy the protection of Article 25 (freedom of religion) of the Constitution.
Relentless debates on the validity and plausibility of this practice were instigated soon after one petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous application of triple talaq (talaq-e-bidat), polygamy and nikah-halala.
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