Before this, the SC had announced that it had to check if personal law practices like the Triple Talaq are the “fundamental traits” of the Muslim community.
Many Muslim women’s organisations, activists and social groups have come forward to oppose the Triple Talaq in which a male partner divorces his wife just by pronouncing the word ‘talaq’ thrice. This has gone to such an extent that now Muslim men are divorcing their wives over the phone, writing talaq thrice over whatsApp etc.
However, the All India Muslim Personal Law Board has come up with an argument to save Triple Talaq. In its view, the SC holds no jurisdiction to ban any practice that happens in any personal law.
They are calling the pleas of Muslim women against Triple Talaq as ‘misconcieved pleas’.
“The preamble of the Constitution clearly enshrines values of liberty of thought, expression, belief, faith and worship,” the AIMPLB argued in an affidavit filed before the court earlier, reported The Hindu.
The ruling government has condemned Triple Talaq on various occasions. It opposed the justification given by the AIMPLB in favour of the practice, saying that it actually helps the couple by ending the marriage in a shorter time span instead of going the conventional way of going to the courts and saves the couple from throwing spades at each other in public.
The AIMPLB even went on to say that the practice of polygamy is also in favour of women as a ‘barren wife’ should let her husband marry another time so he can have sexual pleasures.
The central government debated the beliefs of AIMPLB, saying that in a secular democracy, any practice that discriminates between men and women socially, financially or emotionally and gives men a higher ground are countering the fundamentals of Articles 14 and 15.