Decided to send an advisory to Qazis against triple talaq: AIMPLB to SC

The All India Muslim Personal Law Board on Thursday told the Supreme Court that it does not want the practice of triple talaq to continue and has decided to send an advisory to all 'Qazis' across the country to put an end to it through 'Nikahnama'.

“We do not want the practice to go on. We have held a meeting yesterday and will send a circular to all the Qazis to mention it in Nikahnama that it would not be permitted,” senior advocate Kapil Sibal submitted before a five-judge bench presided over by Chief Justice J S Khehar.

In his concluding arguments on behalf of the AIMPLB, Sibal cautioned the apex court to avoid the “dangerous and slippery slope” since it is not the domain of the court to take upon itself the task of declaring the practice as illegal or unconstitutional.

The bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, reserved its judgement after wrapping up the six-day hearing on a batch of petitions challenging the constitutional validity of triple talaq.

The court, however, asked the counsel that when the board is going to issue a direction to the Qazis in this regard and if it would submit so in an affidavit.

Though the counsel agreed to file an affidavit as early as possible, the petitioners expressed their reservations that such an advisory would have little effect on the ground.

Countering Attorney General Mukul Rohatgi's argument that the practice of triple talaq has to be tested on the principle of equity, good conscience and constitutional morality, the counsel said such an examination cannot take place in the absence a suitable law on the subject.

“It is for the legislature to pass a law which can be tested on the principle of constitutional morality otherwise my right is protected under Article 25(1) (everyone entitled to practice, profess and propagate religion) of the Constitution,” he said.

“So bring a law if you want to some social reforms. There is a process, follow the process.The court is not to decide what are the sinful practices in the world. Lots of sinful practices are still protected in the society,” he added.