Triple talaq unconstitutional: NCW to apex court

The National Commission for Women has told the Supreme Court that ‘triple talaq’ and polygamy are unconstitutional as they compromised with the rights of Muslim women.

In an affidavit, the statutory body for protection of women's rights supported the stand of the Union government that the practice of ‘triple talaq’, which subjected women to whims of menfolk, was incompatible with the principle of gender equality and justice enshrined in the Constitution.

“Triple talaq, nikah halala (bar against remarriage with divorced husband, without an intervening marriage with another man) and polygamy are unconstitutional because they compromise the rights of Muslim women (or of women married to Muslim men) to their disadvantage, which is detrimental to them and their children. Therefore, these practices should be strictly prohibited,” the women's body stated.

The Commission, which looked into complaints of deprivation of the rights of women and cases of atrocities against them, submitted it has noted that women were at the receiving end of the practice of unilateral talaq.

The Union government also contended that these practices cannot be regarded as integral part of the religion.

The NCW's affidavit came in support of the Centre's stand that the issue of validity of triple talaq, nikah halala and polygamy was required to be considered in the light of principle of gender justice and overriding Constitutional principle of non-discrimination, dignity and equality.

The Union government favoured a batch of petitions, including one by advocate Balaji Srinivasan on behalf of Shayara Bano, for declaring these practices unconstitutional.

The Jamiat Ulama-i-Hind and the All India Muslim Personal Law Board have opposed before the court any proposal to impose Uniform Civil Code and remove triple talaq.

Ban triple talaq, says Javed Akhtar
Noted lyricist-poet Javed Akhtar on Saturday said that there should be an immediate ban on the practice of triple talaq but uniform civil code should be implemented only after proper discussion, PTI reports from New Delhi.

When asked about his opinion on the topic that has been in the headlines, Akhtar said he has been vocal against the issue for many years.

“I have always spoken against these things. Triple talaq should be banned immediately in any civil society. As far as uniform common civil code is concerned, I am not sure how far this is possible because our country is huge,” he said.