HYDERABAD: Hyderabad MP and All India Majlis-E-Ittehadul Muslimeen (AIMIM) supremo Asaduddin Owaisi on Tuesday responded to a majority verdict of a five-member Supreme Court bench saying no judgment has ever brought a social reform and wished to know how the government would bring in such a change.
He cited how laws prohibiting child marriage exist but the practice is still widely prevalent in the country.
The senior parliamentarian noted that the Supreme Court verdict was not a unanimous one and clarified that it was not the first time that the SC had termed triple talaq as unconstitutional, saying various courts of the country, including the SC, had invalidated triple talaq in various cases.
Asaduddin Owaisi also said that two of the five judges in the panel had even said that instant triple talaq is an integral part of Islam. He added that if a woman wants to get divorced immediately then it is to be seen what options exist now.
Asaduddin Owaisi also said that studies were submitted to the SC during the hearing of the case which showed that the prevalence of instant triple talaq is less than even one percent of all divorce cases.
It would be a tough task to implement the judgment as many practical difficulties would arise. According to him, implementation can be successful only when people change and said the All India Muslim Personal Law Board (AIMPLB) will have an important role to play in it, as it has the wherewithal required.
The AIMIM leader said that AIMPLB has already taken the responsibility of bringing the change by conducting campaigns against triple talaq and calling it sinful. Asaduddin Owaisi said that the AIMPLB would meet in Bhopal early in September in which the main agenda would be the Supreme Court judgement.
SC also said personal laws cannot be challenged: Owaisi
Driving another point from the judgment, Asaduddin Owaisi said that the SC also ruled that personal laws cannot be challenged under fundamental rights.
He said that the BJP led Centre is trying to meddle with personal laws and in this particular case, the Attorney General had argued not just talaq-e-bidat (instant triple talaq) but even other forms of divorce among Muslims like talaq-e-hasan or talaq-e-ahsan. He said that the BJP is tying an albatross around its neck as there are various communities like the Mizos, Nagas and some other tribal groups who have personal laws.
The two judges, chief justice of India JS Khehar and Justice Abdul Nazeer, who favoured to keep the practice of triple talaq on hold for six months, have asked political parties to set aside their differences and help the Centre in bringing out a legislation. The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.