The decision which the Seven Judge Bench of the Supreme Court of India, led by Chief Justice of India, Jus. Khehar, is going to take in the Triple Talaq case, will probably change the Constitutional Legal History of India. As the hearing is a 'Summer Vacation Hearing', it may not be possible for the Bench to examine the other two relevant contentious issues of Polygamy,and nikha halala. Probably, the issue may have to get extended into the Regular Sessions of the Supreme Court. One important observation made by the Bench, which seems to set a sort of boundary for the scope of the case, appears to be in the following observation of the Court: "We have to see the test of essentiality and the government has to prove that 'triple talaq' is not an essential part of Islam as this will amount to tinkering with religion". The following few more observations are also important:--
RELEVANT LINKS
Click to go to http://www.dnaindia.com/india/report-centre-has-to-prove-triple-talaq-not-essential-in-islam-says-supreme-court-2439472
Click here to go to: http://www.livemint.com/Politics/rNg8D2Omc723Xf7ozgCdEJ/Triple-talaq-case-SC-to-not-focus-on-polygamy-nikah-halala.html
Click here to go to http://indiatoday.intoday.in/story/triple-talaq-polygamy-nikah-halala-supreme-court-centre-mukul-rohatgi/1/954030.html. Centre will bring out a New Law, if Supreme Court strikes down Triple Talaq
Important Quotes from Links
Mr. Mukul Rohatgi, Attorney General: "...All the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, were 'unilateral' and 'extra- judicial'. 'Yes, we can bring law. There is no law for past 60 years. It has not been done. But the court should first strike down these practices which are not in confirmity with the Constitution..."
Mr. Mukul Rohatgi, Attorney General: "...Issues of Muslim marriage and divorce were separated from religion in Shariat Act of 1937 itself and have been codified as personal law under Section 2 of the Act. ... Apex court has to test them on the touch-stone of the fundamental rights of gender equality, justice, dignity, gender discrimination and human rights under the constitutional provisions, including Articles 14, 15, 21 and 51A. ...Muslim women must have equal rights to property, succession, marriage and it should be non-discriminatory among the women of same class and other communities."
AG: "...When half the population of a particular community is not empowered, no equal opportunity is given, they are devoid of gender equality, then it does not pass the test of constitutional morality. ... Even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral. ... Even if talaq is considered under Article 25, it has to be related to the fundamental rights and should abide by the principles of gender equality, non-discrimination and justice. ... All personal laws have to be in confirmatory (conformity?) with the Constitution. ..."
"...Government has to first prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects. ...".
AG: "...it is not the apex court's job to interpret a religion. ..You cannot go into essential principle because it is not an ecclesiastical court. ... In Hindu religion, women used to practice Sati till the law termed it as illegal and obsolete. ... As far as Hindu laws are considered, various reformatory steps were taken but with regard to Muslim laws no such steps were taken,..".
Bench: "...Will only examine the triple talaq practice, under which a Muslim man can divorce his wife by uttering the word talaq thrice, and keep the remaining issues open." (Nikah halala requires a female divorcee to marry someone else, consummate the marriage and then get a divorce to remarry her previous husband).
AG: "...If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community. ..."
AG: "...“Even Islamic theocratic states have moved towards reforming personal laws, ...”
AG: "...The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench. ... "At a time when theocratic countries like Pakistan and Afghanistan are moving towards reform, we being a secular country are still debating. ..."
Note: The above quotes are not in sequence. They are just indicational.
ybdonkey's personal views, within the limit of right of a citizen's freedom of expression, without disrespect to the Apex Court
The Attorney General's submission to the Supreme Court is that the Govt. will bring a legislation "a law to regulate marriage and divorce among the Muslim community." . This submission discriminates among different religions of India. A Secular Government has to bring a Single Divorce Law which will apply to all the Citizens of all Religions, without any discrimination. A truly Secular Government and its laws have to ignore the Religions of Parties.
NEARLY 2000 YEARS OF TYRANNY OF RELIGIONS ON INDIVIDUALS, SHOULD END AT LEAST NOW.
First of all it is to be proved that MARRIAGE IS A PART OF RELIGION, before Govt. of India can venture to prove that Triple Talaq is / is not a part of Islam. Marriages and Divorces are personal affairs. They are not part of Religions. Since about last 2,000 years, Religious functionaries such as priests, mullahs, pastors have started intruding into the personal rights of Citizens. For that matter, even prayers, and praying-methods are a personal matter of individuals. Priests, mullas, pastors and other Religious functionaries cannot intrude into them. Same is the case with the manner of dressing by individuals. Prayer-houses can probably enforce dress codes for their visitors, that too, when they visit the Prayer Houses. But, in what way they can interfere into how an individual dresses himself-herself, when moving outside? This applies to trimming beards, veils, burqas also. A person going to a prayer house, if his Religion insists that a beard should be sported, can wear a wig-beard.
The procedure of Religious functionaries solemnizing weddings in Prayer Houses should not have any legal validity or legal recognition. Such procedures, can however, continue to be allowed to be conducted in Prayer Houses, but with an Express Notice Board displayed in Prayer Houses, in BOLD AND LARGE FONTS, ATTRACTIVE COLORS, stating that WEDDING PROCEDURES TAKING PLACE IN RELIGIOUS PLACES WILL NOT HAVE ANY LEGAL RECOGNITION / VALIDITY, AND THEY CANNOT BE ADMITTED AS EVIDENCE IN A COURT OF LAW.
The Government of India ought to have offered to the Court, to amend the current Secular Marriages Act suitably, or repeal it and make a Comprehensive Secular Marriage and Divorce Law, applicable without exception to all the Citizens.
Why the Government is waiting for the Supreme Court to strike down Triple Talaq? Does the Government want to take shelter under the Supreme Court's Judgement, if some Sections of Islam object to Government's Offer to make a law? Government can take its own initiatives for making its Secular laws with FUTURE VALIDITY, so that the question of 'matter sub judice' will not arise. Even if there is any variance between the Government Enactment, and the Supreme Court decisions, Govt. can always amend its Acts. Or alternatively, it can request Supreme Court to review its decision, through a Review Petition.
If marriages can be regarded as NOT AN INTEGRAL PART OF RELIGIONs, then Article 25 of Constitution will not apply. Minority Religious Rights also will not apply. Govt. should make an enactment recognising marriages as SPECIAL Civil Contracts between parties. Govt. can also design some model marriage contract forms. Govt. can also define and standardize terms and conditions of marriages, with explanations for rights and responsibilities of both the parties.
To come back and continue adding / deleting / modifying. सशेष. ఇంకా ఉంది.
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