Triple talaq verdict: India committed to gender equality, SC says in minority judgement

India is committed to gender equality and eradication of discrimination on the basis of sex, the Supreme Court on Tuesday said in its minority verdict on the practice of triple talaq among Muslims.

PTI August 22, 2017 22:11:23 IST
Triple talaq verdict: India committed to gender equality, SC says in minority judgement

New Delhi: India is committed to gender equality and eradication of discrimination on the basis of sex, the Supreme Court on Tuesday said in its minority verdict on the practice of triple talaq among Muslims.

The remarks were made in the minority judgement by Chief Justice JS Khehar and Justice SA Nazeer while refusing to rely on the international conventions and declarations as it examined the issue of triple talaq, also known as talaq-e-biddat.

Triple talaq verdict India committed to gender equality SC says in minority judgement

Representational image. AFP

"We have not the least doubt, that the Indian State is committed to gender equality. This is the clear mandate of Article 14 (equality before law) of the Constitution. India is also committed to eradicate discrimination on the ground of sex. Articles 15 and 16 of the Constitution, prohibit any kind of discrimination on the basis of sex.

"There is, therefore, no reason or necessity while examining the issue of 'talaq-e-biddat', to fall back upon international conventions and declarations. The Indian Constitution itself provides for the same," the two judges said.

The counsel for Muslim women, who had moved the apex court seeking to set aside the practice of triple talaq, had submitted that the practice of 'talaq-e-biddat' was rendered impermissible, as soon as India accepted to be a signatory to international conventions and declarations, with which the practice was in clear conflict.

It was submitted that continuation of this practice sullied the image of the country internationally, as the nation was seen internationally as a defaulter of those conventions and declarations.

The two judges, however, said that the reason for which they were not acceding to the submissions with reference to international conventions and declarations, is based on Article 25 of the Constitution by which 'personal law' of all religious denominations is sought to be preserved.

"The protection of 'personal laws' of religious sections, is elevated to the stature of a fundamental right, as much as Article 25 of the Constitution, which affords such protection to 'personal law' is a part of Part III (Fundamental Rights) of the Constitution," the minority judgement said.

It further said while the Indian Constitution supported all conventions and declarations which call for gender equality, it preserves 'personal law' through which religious communities and denominations have governed themselves, as an exception.

Updated Date:

also read

Pegasus row: SC to set up technical experts committee to inquire into matter, formal order next week
India

Pegasus row: SC to set up technical experts committee to inquire into matter, formal order next week

The observation assumes significance as the Centre had earlier offered to set up an expert panel on its own to look into the grievances of alleged snooping on phones

West Bengal post-poll violence: SC tells Centre, others to respond to state's appeal against HC-directed CBI probe
India

West Bengal post-poll violence: SC tells Centre, others to respond to state's appeal against HC-directed CBI probe

The high court verdict came on PILs which had alleged that people were subjected to assault, made to flee homes and properties were destroyed during the violence in the wake of the Assembly elections

Centre yet to take call on 68 names sent by SC collegium for appointment as high court judges
India

Centre yet to take call on 68 names sent by SC collegium for appointment as high court judges

Of the 68 names, two from Karnataka and one from Jammu and Kashmir have been sent for a third time, while 10 others have been recommended for a second time