Source: The Indian Express
Stating that absence of reforms in the community in the last 65 years have left Muslim women “extremely vulnerable, both socially as well as financially”, the Centre on Friday impressed upon the Supreme Court to do away with the practice of polygamy and triple talaq. The Centre also said these practices “cannot be regarded as essential or integral part of the religion”.
The affidavit, submitted by the Union Law Ministry in response to a clutch of petitions challenging polygamy and triple talaq, said that the validity of these practices required a “reconsideration” by the top court “in light of the principle of gender justice and overriding principle of non-discrimination, dignity and equality” as well as “evolution of women”.
The government maintained that triple talaq and polygamy impacted a woman’s status and her right to live with confidence and dignity, and added that they were not protected under Article 25 of the Constitution, which guaranteed immunity to practices essential or integral to the religion.
“Even theocratic states have undergone reform in this area of law and, therefore, in a secular republic like India, there is no reason to deny the rights available under the Constitution. The fact that Muslim countries where Islam is the State Religion have undergone extensive reforms goes to establish that the practices in question cannot be regarded as integral to practices of Islam,” it said.