Congress leader and senior advocate Kapil Sibal, who had fought the triple talaq case for the All India Muslim Personal Law Board (AIMPLB), today welcomed the Supreme Court verdict setting aside the practice, terming it as “dying” and “sinful”.
Sibal, who had argued before a five-judge constitution bench that triple talaq was an integral practice in Islam, told PTI that this was a “dying” and “sinful” practice and even the AIMPLB had agreed to suggest Qazis to give women the liberty to say ‘no’ to ‘talaq-e-biddat’ at the time of execution of the Nikahnama (marriage contract).
“We welcome the judgement in its entirety on the issue of practice of instantaneous divorce through triple talaq,” he said.
“It is a dying practice. This has been accepted by all of us as sinful and must be deprecated. AIMPLB has proposed that in the Nikahnama, a choice would be given to the woman that she will not accept this practice of divorce through triple talaq,” Sibal said.
Referring to the common points in the dissenting judgements, the astute lawyer said all the judges at the bench have agreed that personal law cannot be challenged on the grounds of infringment of fundamental rights.
“The verdict has protected the personal law that there can not be a challenge to Part III of the Constitution which has been held by Chief Justice J S Khehar and Justice S Abdul Nazeer in their minority judgement,” he said.
He said even Justice Kurian Jospeh, who through a majority verdict set aside the practice of triple talaq, agreed with the CJI and Justice Nazeer that personal law has to be protected.
Sibal said Justice Joseph had also disagreed with Justices R F Nariman and U U Lalit that the 1937 Act was not a legitimate law.
He disagreed with the perception that the judgement is a step towards achieving the goal of Uniform Civil Code which can only come through a legislation.
In a lighter vein, the Congress leader said Prime Minister Narendra Modi should also make efforts to bring a law to ensure justice for Hindu women in certain cases.
The five-judge constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ triple talaq is set aside”.
The two separate judgements, written for majority by Justices Kurian Joseph and R F Nariman, did not concur with the CJI and Justice S Abdul Nazeer that ‘triple talaq’ was a part of religious practice and the government should step and come out with a law.
( Source – PTI )