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Anirudha Karindalam
Anirudha Karindalam

RELIGION & LAW

After triple talaq verdict, VHP wants law to ban more than two children

PTI3_26_2017_000111A [File] The responsibility is now on the government to pass a law against triple talaq, says Togadia | PTI

Togadia says it is high time Parliament brought in a law to implement uniform civil code

Pravin Togadia, president of the Vishwa Hindu Parishad, said the government should pass a law against triple talaq as early as possible to give justice to Muslim women. Said Togadia to THE WEEK, “I hail the verdict by the Supreme Court. Now the responsibility is on the government to pass a law against triple talaq as it would give complete justice to Muslim women.”

In a 3:2 majority judgment, a five-judge bench of the apex court, on August 22, set aside talaq-e-biddat (instant talaq) as an oppressive practice. There are three forms of talaq—talaq ahsan (most proper), talaq hasan (proper) and talaq-e-biddat. Ahsan and hasan can be cancelled. Biddat, on the other hand, is irrevocable, and is practiced more among the Sunni Muslims. It was introduced in the second century by the Umayyad Caliphate—the second of the four major caliphates after Muhammad—after they found the other modes of talaq inconvenient. 

The Union government supported the women who petitioned against triple talaq in the Supreme Court. Prime Minister Narendra Modi said the verdict was a historic one. Tweeted Rahul Gandhi, Congress vice president, “I welcome the Supreme Court decision setting aside triple talaq. I congratulate the women who fought for justice.”

In fact, it was senior Congress leader and lawyer Kapil Sibal who represented the All India Muslim Personal Law Board in the apex court. He argued triple talaq is a matter of faith. “It is not a question of equity and good conscience, it is a question of faith. You cannot bring constitutional morality,” Sibal said. On Tuesday, however, he said he welcomed the verdict and it was not a setback. 

Togadia also wants the government to bring a law banning more than two children. “For justice to the nation’s taxpayers, the government should pass a law in Parliament that bans more than two children in a family,” Togadia said. He added it was the right time for Parliament to bring a law to implement the uniform civil code. 

Triple talaq is banned in several Muslim countries, including Pakistan, which abolished it in 1961. Controversy had erupted after its then prime minister married his secretary without divorcing his wife, which forced the government to form a commission to look at Pakistan's marriage and family laws. 

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