Triple talaq issue shouldn't be seen as discrimination between majority and minority communities: AG tells SC.
Additional Solicitor General (ASG), Pinky Anand on Wednesday said that the issue of triple talaq is related to women empowerment and human dignity, adding that a secular nation must fight for establishment of fundamental rights for all.
"The entire issue is related to women empowerment and human dignity. A secular nation must fight for establishment of fundamental rights for all. The Supreme Court is examining the constitutional validity," Anand told the media. She further said that there is no question on faith as every religious practice is subjected to fundamental rights.
"If there is any part of religion which is essential that is protected. As it is being said that triple talaq is an optional therefore there won't be any legitimacy of essential practice on that," she added. Anand said that the Supreme Court has already clarified that others aspects will not be included in the hearing.
"There were many such practices in the society like Sati and Devdasi but all were abolished as people realized it was against human equality. The Centre has only one point that the issue is related to intra-community and here women are being suppressed which is not acceptable,"she asserted. Anand added that because of triple talaq there is no economic independence left neither there is any progress in the society.
Attorney General Mukul Rohatgi today told the apex court that the issue of triple talaq should not be seen as discrimination between majority and minority communities.
"It is an issue of minority community and that of women within the community," Rohatgi said in the court. The Attorney General today told the apex court that if the practice is not present in 25 Islamic countries then it can't be said it is essential to Islam. "Rights given by Article 25 of the Constitution are not absolute rights,"he said. Responding to Chief Justice of India (CJI) J. S. Khehar's question on which old tradition of Hinduism was set aside by the courts, Rohatgi submitted that once Sati and Devdasi etc were part of Hinduism. Rohatgi added that if the All India Muslim Personal Law Board (AIMPLB) itself says that triple talaq is optional, sinful and undesirable then how can it be integral to Islam.
"A Secular Constitution has to rise above such things," the Attorney General said in the court. He further questioned that will the community decide that triple talaq is violative of fundamental rights or the court? The arguments in the triple talaq case, which was inconclusive today, would continue tomorrow.
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