Supreme Court Advocate M.R Shamshad explained the hearing on triple talaq in the Supreme Court. He was addressing a public meet at the headquarters of Jamaat-e-Islami Hind in New Delhi on 21 May.
Shamshad said Kapil Sibal, the Advocate of Personal Law Board, argued that while a lot of discriminatory things are allowed in the name of the Hindu religion and faith, why the court is concerned only about triple talaq. He added that the triple talaq law was not enacted by the Parliament; so how can the court strike it down. It is a religious law. He also said that it is not only a matter of triple talaq but once you allow court to interfere in personal laws, it will set a precedent.
Shamshad further said that the Supreme Court is examining the triple talaq case not on a petition filed by someone but the apex court itself took suo motto cognizance while hearing a case on property dispute under Hindu Succession Act. While debating this case, it has been said that there is a lot of discrimination against women in Muslim personal laws; the discrimination is dominant in inheritance, talaq and polygamy. The court decided to examine Muslim Personal Laws by registering a PIL. This is how the matter started. When media covered it, some divorced women registered PILs and requested the court to hear their cases while examining those things. About seven or eight petitions have been filed in the Supreme Court. But the media projected it as if some women had moved the court because injustice had been committed against them.
Shamshad furthermore said that the judgement which has been made basis for this case is itself invoking the religious rights. In the case, a priest demanded to strike down the provision in Indian Succession Act in which a Christian priest is bound to donate his property to the church. The priest argued that it is only related to the Christians, it is not related to Hindus and Muslims. So, it should be abolished from Indian Succession Act. The petitioner’s plea was that it was his religious right and he should be free to donate. The court struck it down and made a passing remark that property succession and marriage should be secular. The priest has been given relief on religious ground but the passing remark has been made basis in the triple talaq issue. During the hearing, no body save and except Kapil Sibal said that the base of the case is itself wrong.