New Delhi, Oct 7: The BJP-led NDA government has filed an affidavit in the Supreme Court stating that triple talaq is not an essential religious practice in Islam.
The government argued in the apex court that the validity of triple talaq has to be reviewed in the light of gender justice, equality and dignity of women.
The government said that, women in India should not be denied their constitutional rights even as several Muslim countries have undergone extensive reforms.
A bench headed by Chief Justice of India T S Thakur is hearing a bunch of petitions questioning the legal validity of the practice of triple talaq.
"It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality," the affidavit filed by Mukulita Vijayawargiya, Additional Secretary in the Ministry, said.
Linking the issue with the Right to Life and Personal Liberty, the Centre in its 29-page affidavit said "gender equality and the dignity of the women are non-negotiable, overarching constitutional value and can brook no compromise.
The All India Muslim Women Personal Law Board is all set to file a petition in the Supreme Court demanding a ban on triple talaq .
“Often when a man gives talaq in a fit of rage but regrets it afterward, the couple has no option of going back because the Maulana says divorce has happened. We want that to change,” said Shaista Amber, president of the AIMWPLB.