Centre finds need of new law against triple talaq unnecessary
New Delhi: The Centre on Tuesday hinted that there was no need for a new law against triple talaq, a practise abolished by the Supreme Court on finding it unconstitutional, earlier in the day.
The Union Law Minister Ravi Shankar Prasad opined that existing laws, including the one to deal with domestic violence, were sufficient.
"The government will consider the issue in a structured manner. A prima facie reading of the judgement makes it clear that the majority (of the five-member bench) has held it (the practice of instant triple talaq) as unconstitutional and illegal," Law Minister Ravi Shankar Prasad said.
He hinted the same on being asked by a reporter if the Centre would form a new law against triple talaq as suggested by two judges, including Chief Justice of India (CJI) JS Khehar.
"After the Supreme Court order, if a husband gives instant triple talaq, it will not be considered valid. His obligation towards the marriage will remain... the wife is also free to drag such a person to police and file a complaint of harassment or domestic violence," said a senior government functionary, indicating penal provisions are present to check the practice.
It may be mentioned that CJI Khehar and Justice S Abdul Nazeer batted for putting the practise on hold for six months and asked the government to form a law in this regard, while justices Kurian Joseph, RF Nariman and UU Lalit found it against the Indian Constitution.
The majority of the judges said that any practise including triple talaq which violates the tenets of holy Quran is unacceptable.
The minority verdict by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practise of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation.
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.