On Wednesday, advocates representing the pro-triple talaq contingent were schooled by Chief Justice of India (CJI) JS Khehar, armed with the Quran.
In response to Senior Advocate V Giri's argument -- he is representing the Jamiat ulema-e-Hind, the CJI read out verses from the Surah At-Talaq to make the point that talaq-e-biddat (instant talaq) found no mention in the Quran.
Only two other forms of talaq — Talaq-e-Ehsan and Talaq-e-Hasan — are mentioned in the holy book, the CJI added.
"You have to read all paras before and after to give a complete picture. Even Mr (Kapil) Sibal cited only a select few. If you say the period iddah is compulsory after every pronouncement and it is the third instance after which it becomes irrevocable… hence, Talaq-e-Biddat finds no place in the Quran. We are only pointing this out to you because you should know that we also understand what is happening here and it's not that we are not getting it," said the CJI.
Justice Rohinton Nariman, one of the five judges on the multi-faith, all-male Bench, backed up the chief and said: "Talaq-e-Biddat is not sanctioned by the Quran at all."
The Supreme Court (SC) is hearing a batch of petitions challenging the constitutional validity of triple talaq, polygamy and nikah halala. The Constitution Bench was hearing the last of the arguments by the All India Muslim Personal Law Board (AIMPLB) and JamiatUlema-e-Hind (JUH).
Representing the AIMPLB, Senior Advocate Kapil Sibal concluded his submissions by comparing the Muslim community to "small birds on which the Golden Eagle preys," which the "community's nests must have the protection of the SC."
"It is that faith with which the community is today before the court, seeking protection of its personal law, customs and practices," Sibal said. In his rebuttal, Attorney General Mukul Rohatgi submitted that the "majority cannot make laws for the minority". Triple talaq was an "intra-minority issue where men formed the class of 'haves' and women 'have-nots'," Rohatgi added. "The triple talaq debate is all about men versus women where men are powerful, and more educated,"he said.
According to Article 25, all laws must pass the test of the Constitution, Rohatgi contended. "Is triple talaq a relevant practice without which this religion will cease to be?" he submitted.
Rohatgi's argument that "sati, untouchability, female infanticide and child marriage were done away with despite being ancient practices, why not instant talaq?" did not impress the court. To this, the CJI shot back: "Which among these had been struck down by a court of law? It was all done away with by Parliamentlegislations."
The day ended with Senior Advocate Indira Jaising pitching in her rejoinder. The lone female voice among the battery of lawyers, Jaising punctured Sibal's argument. "I know many women who would love to kill their husbands. However, in practice, they are not allowed to do so," she said to a round of laughter in court.
The lawyer, who represents Bebaak Collective, addedall laws must pass the test of the Constitution, which says all men and women are equal. The Constitution has supremacy over all laws, she said. The last of the arguments will be heard on Thursday.
NCW SPEAKS
The National Commission for Women said it was ready to submit its opinion on abolition of triple talaq if the Supreme Court asked for it.
