NEW DELHI: For the first time in India’s constitutional history, the Union Government opposed the practice of triple talaq and polygamy in the Supreme Court. The government said it favoured a relook at the practice on grounds of gender equality and secularism. In its affidavit, the Law Ministry referred to constitutional principles like gender equality, secularism, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practices need to be adjudicated upon afresh by the apex court.
“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. Responding to a batch of petitions, including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution. “The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India,” it said.
“Any practice by which women are left ‘socially, financially or emotionally vulnerable’ or subject to the whims and caprice of men-folk is incompatible with the letter and spirit of Article 14 and 15 (Right to Equality) of the Constitution,” the affidavit added.
The Law Ministry also provided a list of Islamic countries - including Pakistan, Bangladesh, Turkey and Afghanistan - that have made changes to their marital law. “It is noteworthy that even theocratic states have undergone reform in this area of law and therefore, in a secular republic like India, there is no reason to deny women the rights available under the Constitution,” the government said.