Speaking on behalf of the central government, Attorney General Mukul Rohatgi told the Supreme Court today that triple talaq is not an integral part of Islam. He also said that the case should not be viewed as an attempt to discriminate against the minority community. He added that the case should only be viewed from a woman’s perspective who faces great suffering resulting from triple talaq. Rohatgi put forward the argument that triple talaq is not practiced in 25 Islamic countries, so how can it be called an integral part of Islam.
When CJI JS Khehar asked which Hindu traditions were set aside by courts, Rohatgi provided the example of Sati and Devadasi, which were part of Hinduism but were banned by courts. Rohatgi also pointed out to the statement of All India Muslim Personal Law Board, which itself had said that triple talaq is optional, sinful and undesirable. So, how can triple talaq be an integral part of Islam, questioned Rohatgi.
Aiming to get proper feedback, the court asked the AIMPLB whether it would be possible to give a woman the option to say “no” to triple talaq at the time of conducting ‘nikahnama’ (Islamic marriage contract). The court also asked if all ‘Qazis’ can be given the responsibility to include this condition at the time of marriage.