Fri, Mar 24, 2017 | updated 09:18 PM IST

Triple talaq: Personal laws can't be written in name of social reform, AIMPLB tells SC

Updated: Sep 02, 2016 14:39 IST
New Delhi [India], Sept. 2 (ANI): The All India Muslim Personal Law Board (AIMPLB) on Friday told the Supreme Court that "personal laws cannot be re-written in the name of social reforms."

Submitting its response in connection with the ongoing matter on the 'triple talaq' issue, the AIMPLB said, "Personal laws cannot be challenged as violative of Part III of the Constitution."

"When serious discords develop in a marriage and husband wants to get rid of wife, legal compulsions and time consuming judicial process....in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations Triple Talaq is a better recourse," AIMPLB told the apex court.

"Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex. Securing separation through court takes a long time deters prospects of remarriage," it added.

The AIMPLB further said that polygamy as a social practice is not for gratifying men's lust, but it is a social need.

"Muslim women have right to divorce under Khula practice. Issues of Muslim Personal Law are raised in the Supreme Court are for Parliament for decide. The Uniform Civil code is a directive principle and not enforceable. The personal laws are protected by Article 25, 26 and 29 of the Constitution as they are acts done in pursuance of a religion," it added.

The apex court had last week issued notice to the Central Government on the plea of a Muslim woman challenging the Constitutional validity of 'triple talaq' to end a marriage.

The petitioner Noor Jahan has sought a declaration from the apex court, saying that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, was unconstitutional as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution.

In her petition, Jahan has asked whether an arbitrary and unilateral divorce through triple talaq can deprive the wife of her rights in her matrimonial home as also her right to have the custody of her children.

A batch of petitions is being heard by a bench headed by Chief Justice T.S. Thakur and notices have already been issued to the All India Muslim Personal Law Board and others.

However, this is not the first such type of petition that has been presented before the Supreme Court as Uttarakhand-based Shayara Banu and the Rashtrawadi Muslim Mahila Sangh through its president Farah Faiz have raised similar queries.

On July 29, the apex court had favoured a wider debate on the petitions challenging the validity of triple talaq.

All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Ambar has demanded abolishing of the triple talaq system.

Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing the word "talaq" more than once in a single tuhr (the period between two menstruations) or in a tuhr after coitus or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

The Centre has set up a high-level committee to review the status of women in India and according to reports has recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy. (ANI)

New Delhi [India], Mar.24 (ANI): Urging global community to eradicate terrorism, President Pranab Mukherjee on Friday said there can be no justification for terrorism under any circumstances, adding that the international community must work together.

Full Story >>

Hazratganj (Uttar Pradesh),[India] Mar. 24 (ANI): An FIR has been registered in Uttar Pradesh's Hazratganj against filmmaker and Farah Khan's husband Shirish Kunder for his tweet against Chief Minister Yogi Adityanath.

Full Story >>

New Delhi [India], Mar. 24 (ANI): Supporting superstar Rajinikanth's decision to take part in a charity event in Sri Lanka's Jaffna, the Bharatiya Janata Party (BJP) on Friday said rather than condemning this act, the anti- national elements should take part in this initiative.

Full Story >>

Hyderabad (Telangana),[India] Mar. 24 (ANI): A Hyderabad court on Friday granted conditional bail to Swami Aseemanad in 2007 Mecca Masjid blast case, paving way for his release from jail after seven years.

Full Story >>

New Delhi [India], Mar.24 (ANI): The Aam Aadmi Party (AAP) Sena on Friday held a protest in a unique way against Shiv Sena MP Ravindra Gaikwad' for assaulting Air India staffer Sukumar with slipper.

Full Story >>

Kochi (Kerala) [India], Mar 24 (ANI): A shocking incident has come to light wherein it has been found that a 12-year-old boy has become the youngest father.

Full Story >>

New Delhi [India], Mar.24 (ANI): In what could be termed as a blame game, Shiv Sena MP Ravindra Gaikwad on Friday submitted a complaint against Air India before the Delhi Police alleging that he was pushed and yelled on.

Full Story >>

Shimla (Himachal Pradesh), Mar. 24 (ANI): On the occasion of World Tuberculosis (TB) Day, the global community have joined hands in observing this day and fighting against the disease.

Full Story >>

New Delhi [India], Mar. 24 (ANI): Prime Minister Narendra Modi on Friday had a telephonic conversation with his Britain counterpart Theresa May and expressed India's solidarity and conveyed deepest condolences for victims of the terror attack in London.

Full Story >>

Vijayawada (Andhra Pradesh) [India], Mar.24 (ANI): A day after a woman was found dead in her house in New Jersey, her mother alleged that extra marital affair of his son-in-law could be the reason of the murder of her daughter.

Full Story >>

Mumbai (Maharashtra) [India], Mar 24 (ANI): After meeting Chief Minister Devendra Fadnavis today, Secretary of the Indian Medical Association (IMA), Dr Parthiv Sanghvi asserted that they have promised to fulfil demands of providing adequate security in all hospitals.

Full Story >>

New Delhi [India], March, 24 (ANI): Union Defence and Finance Minister Arun Jaitley on Friday handed over the systems developed by the Naval Physical and Oceanographic Laboratory ( NPOL), the only Defence Research and Development Organisation (DRDO) lab in Kerala, to Chief of the Naval Staff Admiral Sunil Lanba at an event in Delhi.

Full Story >>

New Delhi [India], Mar. 24 (ANI): The Enforcement Directorate on Friday issued show cause notices to M/s. Knight Riders Sports Pvt. Ltd. (KRSPL), Guari Khan, Director of M/s. KRSPL, Shah Rukh Khan and Juhi Chawla under Rule 4(1) of Foreign Exchange Management (Adjudication Proceedings and Appeal Rules), 2000.

Full Story >>

New Delhi[India], Mar.24 (ANI): Reacting sharply to 'The New York Times' editorial that criticized Prime Minister Narendra Modi's decision to appoint Yogi Adityanath as the Chief Minister of Uttar Pradesh, the Ministry of External Affairs (MEA) on Friday said the paper's wisdom to doubt 'democratic exercises' and write such piece was 'questionable'.

Full Story >>

Jodhpur (Rajasthan) [India], Mar. 24 (ANI): The Rajasthan High Court on Friday banned former Alwar MP Bhanwar Jitendra Singh and former Jaipur MP Mahesh Joshi from staying in any government accommodation or guest houses.

Full Story >>

New Delhi [India], Mar. 24 (ANI): Mohammad Faisal, known as 'memory boy' who won Guinness World record four times for India in the category of "Most Countries identified from Capital Cities in One Minute" is all set to break another record in December this year.

Full Story >>

Hyderabad (Telangana) [India] Mar. 24 (ANI): Lambasting a police officer for not allowing him to hold a press conference in Hyderabad, Congress leader V. Hanumantha Rao has accused Telangana Chief Minister K. Chandrashekar Rao of dictatorship, adding the people are prohibited from expressing themselves.

Full Story >>

New Delhi [India], Mar. 24 (ANI): The Ministry of External Affairs (MEA) on Friday said India has urged the United States to provide details of the cases of 271 illegal immigrants whom Washington wants New Delhi to take back.

Full Story >>

SC Collegium: Smoking the Peace Pipe

Updated: Mar 24, 2017 18:14 IST

New Delhi [India], March, 24 (ANI): Praising the Supreme Court collegium for standing strong in declining every contentious clause in the new Memorandum of Procedure (MoP) which Narendra Modi-led government was pushing to be included and overcoming differences with the government over the judges' appointment, Justice Narendra Chapalgaonkar, a former judge of the Bombay High Court, has expressed hope that the national security clause to determine their selection does not take a political colour.

Full Story >>

New Delhi [India] Mar. 24 (ANI): Minister of State for Petroleum and Natural Gas Dharmendra Pradhan today launched MoPNG e-Seva, which is a grievance redressal platform for the customers regarding to petroleum and gas sector.

Full Story >>