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Centre won't rush to enact new law

Last Updated : 22 August 2017, 19:11 IST
Last Updated : 22 August 2017, 19:11 IST

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The Centre is unlikely to rush into getting Parliament to pass a legislation, rather, the government will send an advisory to all states to ensure compliance with the verdict.

As the law ministry officials put it, the judgement has already made it clear that triple talaq is unconstitutional and illegal.

Law Minister Ravi Shankar Prasad said, "We will consider the issue in a structured manner but a prima facie reading of the judgement is that triple talaq has been declared unconstitutional and illegal."

Minority Affairs Minister Mukhtar Abbas Naqvi said the Centre would not do what the Rajiv Gandhi government did to negate the apex court's verdict in the Shah Bano case by passing the Muslim Women (Protection of Rights on Divorce) Act, 1986.

This nullified the verdict in favour of granting Shah Bano maintenance from her ex-husband under Section 125 of the Criminal Procedure Code, with an upper limit of Rs 500 per month.

From today onwards, if someone says triple talaq to a Muslim woman, it will not lead to divorce, law officials said.

During the hearing, the then Attorney General, Mukul Rohatgi, had said all forms of talaq must be abolished and if such a thing is done by the court, then the government will indeed enact a legislation to regulate Muslim divorces.

Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard after taking into account progress made in the Muslim Personal Law – 'Shariat' - in various other Islamic countries.

Meanwhile, the top BJP leadership asked the party leaders to show restraint and not make it a religious issue. BJP spokespersons were told to treat it as a gender issue, related to equality of women.

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Published 22 August 2017, 14:19 IST

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