New Delhi/Mumbai: With the Muslim community’s practice of triple talaq being discussed in the Supreme Court, the Bharatiya Janata Party (BJP) on Friday dubbed the issue as one that breaches gender equality.
“Triple talaq is not about religion or politics. It is a matter of gender inequality. The sentiment of crores of Indian women has led to the issue being taken up in the Supreme Court. I’m sure the verdict taken by the court will empower women,” BJP leader Shaina NC told ANI.Meanwhile, the apex court ruled out hearing cases of polygamy and nikah-halala along with TripleTalaq. To this regard, women activist and member of the National Commission for Women (NCW) Shamina Shafiq, while supporting the apex court’s stance, said the focus on triple talaq was the need of the hour.
Polygamy, although prohibited by religions other than Islam, exists in the society. The Supreme Court must focus on triple talaq, since Muslim women are facing the brunt of this. We are looking forward to a just ruling so that the Muslim women can be relieved,” she said. Earlier on Thursday, the apex court observed that it would examine whether the issue was fundamental to religion or not.
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. Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, could not be violated in the name of ‘personal law’.
The court further said basic and human rights could not be exploited on the basis of gender. In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice “unconstitutional”.
The court further observed that triple talaq sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of the Muslim women. “Triple talaq is unconstitutional. It violates the rights of Muslim women,” ruled the high court, adding that no personal law board was above the Constitution.
The five-judge Constitution Bench of the apex court, headed by Chief Justice Jagdish Singh Khehar and four other judges, namely Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and S. Abdul Nazeer aksi also observed that it would not hear polygamy issue along with the triple talaq petitions.
