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Centre Ready To Enact Divorce Law For Muslims, Says AG

Attorney General Mukul Rohtagi on Monday informed the five-judge constitution bench of the Supreme Court that the government is ready to enact a divorce law for Muslims, if the Court bans the practice of triple talaq. AG told the bench that triple talaq violates Muslim women s right to equality and a union law regulating the marriage and divorce in the Muslim community will address the issue.

Chief Justice of India J.S Khehar observed that Supreme Court,the  guardian of the constitution  is also the guardian of the Minority Act and asked the Centre to first address the issue of whether triple talaq is an essential part of the religion. The Attorney General objected to this and told the bench that the three forms of triple talaq – talaq-e-biddat, talaq hasan and talaq ahasan – are unilateral and extra judicial and need to be struck down. Mr. Rohtagi told that the court has to first decide whether the practice is against constitutional morality or not before embarking on the quest to determine if it is an essential part of the religion.

Earlier the Supreme Court had told the Centre that it would consider the issue of triple talaq and would take up the other two issues- nikah halala and polygamy- at a later time due to paucity of time. The Centre has been demanding the court to consider these two issues along with triple talaq. 

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