Government of India has taken firm stand on controversial triple talaq before Supreme Court of India in Shayara Bano Vs. Union of India & Ors. being Writ Petition (Civil) No. 118 of 2016 and informed through counter affidavit that such practice need to be abolished being the same is unconstitutional and discriminatory, which may hurt gender equality and women’s dignity.
According to government, gender equality is part of the basic structure of the Constitution and should be preserved. It further stated that large number of Muslim countries or countries with an overwhelming Muslim population like Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt, Sri Lanka, Iran have undertaken reforms in this area and have regulated divorce law and polygamy.
The affidavit points out following besides other:
Issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of constitution of India which provides for gender justice, non-discrimination, dignity and equality for all.
The fact that countries where Islam is the state religion have undergone widespread reforms to establish that such practices cannot be regarded as crucial religious practices.
Secularism being an essential element of Indian democracy, no citizen ought to be denied access to the fundamental rights in the name of religious practice.
Gender equality and dignity of woman are non-negotiable, predominant constitutional values and can brook no concession.
With this affidavit Government has supported petitioner’s view-point and if Supreme Court satisfies with such view, the days of triple talaq and four marriages by Muslim male are few in India. Expect some good news for unprivileged Muslim women soon.