Friday, October 7, 2016

Centre opposes triple talaq in Supreme Court, says 'practice not essential part of religion'

The Centre on Friday opposed the practice of triple talaq+ in the Supreme Court and said it can't be regarded as an essential part of religion. Gender equality+ and dignity of women are non-negotiable, overarching constitutional values and can brook no compromise," the government said in an affidavit filed in the top court.

"Religious practices cannot be an impediment to rights and aspirations of individual woman irrespective of religion she practices," the government said. 

The Muslim law board claimed that triple talaq is a 'personal law' and hence cannot be modified by the Centre. 

The government countered the claim of the Muslim law board and said, " practices of triple talaq, polygamy and nikah halala cannot be regarded as essential part of religion and hence get no protection under fundamental right to religion." 

Law panel seeks public views on uniform code, triple talaq 

Should the practice of triple talaq be abolished and whether a uniform civil code+ should be optional, the Law Commission has today asked the public seeking its response on these sensitive issues broached perhaps for the first time. 

Amid a raging debate on uniform civil code, the law panel has sought public views on the subject to revise and reform family laws, saying the aim is to address social injustice rather than plurality of laws. 

In an appeal issued today, the Commission said the objective behind the endeavour is to address discrimination against vulnerable groups and harmonise the various cultural practices even as it assured the people that the "norms of no one class, group or community will dominate the tone and tenor of family law reforms". 

In an accompanying questionnaire, the Commission has asked whether the existing personal laws and customary practices need codification and whether it would benefit people. 

Should the practice of triple talaq be abolished, retained or retained with suitable amendments; and whether a uniform civil code should be optional are among 16 queries by the commission. 

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