According to the reports, the Central government has decided to tell the Supreme Court that the current practice of Triple Talaq which is considered as in conformity with Sharia is misplaced and it is an unfair, unreasonable and discriminatory practice as 20 Islamic countries have already regulated the matrimonial law.

The Center is believed to tell the apex court that, the issue should not be seen with Uniform Civil Code but be treated as an issue of Gender Justice and that of fundamental rights of women.

The views of the Center would be placed in a Triple Talaq case which will be presented before the Supreme Court next week.

A senior government functionary said, “A practice - unfair, unreasonable, discriminatory, has always given way before a humanizing Constitutional principle, particularly under Chapter 3 of the fundamental rights. This whole plea of sanctity under Sharia is completely misplaced. There are nearly 20 Islamic countries in the world who have regulated their matrimonial laws, including Pakistan, Bangladesh and some Arabic countries like Saudi Arabia.”

“This issue is not to be seen from the point of view of Uniform Civil Code at all. The issue is only and substantively the issue of gender justice,” the official further added.

The government’s views was came out last week’s meeting of group ministers formulated on the issue. The committee comprising, Home minister Rajnath Singh, Finance minister Arun Jaitley, Defense minister Manohar Parrikar and Women and Child Development minister Maneka Gandhi, who met to discuss Center’s possible stand on the issue of Muslim practice of Triple Talaq (talaq-e-bidat).  

The official said, “The issue is if regulating the matrimonial law in an acknowledged Islamic country is not considered as contravening Sharia, how can this be treated like this in a secular country like India where Constitution is supreme.”

Reports said that the Law ministry will file a consolidated reply to the Supreme Court by the end of this month.

By Prajakt K.