Govt's firm stand helped women's cause

The Centre's firm stand against triple talaq helped aggrieved Muslim women. The government also opposed Talaq-e-Ahsan and Talaq-e-Hasan, besides Talaq-e-Biddat, saying they were also liable to be declared as unconstitutional.

Notably, the then attorney general Mukul Rohatgi also assured the court that Parliament would “enact a legislation within no time” if all the three forms of talaq were declared illegal.

“In a secular Constitution, Muslim women could be discriminated against, merely by virtue of their religious identity. And/or whether Muslim women, could be relegated to a status significantly more vulnerable than their counterparts who professed other faiths,” Rohatgi had argued before the five-judge bench presided over by Chief Justice J S Khehar.

He had contended that gender justice was a constitutional goal of overwhelming importance and magnitude, without accomplishing the same, half of the country’s citizenry, would not be able to enjoy to the fullest their rights, status and opportunities.

He had cited countries like Algeria, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, Indonesia, Malaysia, Philippines, Pakistan, Bangladesh and Sri Lanka which have regulated the practice.

“The position of an Indian Muslim woman is much worse than Muslim women who live in theocratic societies, or countries where Islam is the state religion,” he had said.

Rohatgi had maintained that under the Constitution, the right to freedom of religion was subject to, and in that sense, subservient to other fundamental rights.

DH News Service