New Delhi, August 22: The Congress may have shied away from taking any clear line on triple talaq issue, but Congress leader and senior lawyer Kapil Sibal’s role and his comments at the Supreme Court while arguing in favour of the practice may embarrass the party in a long run. Sibal on Tuesday hailed the Supreme Court verdict on triple talaq, saying that it protects personal laws while deprecating the practice of instant divorce.
“We hail the judgement, it protects personal laws and at the same time deprecates the practice of triple talaq,” Sibal told media.
“Justice (Rohinton Fali) Nariman says it (practice of triple talaq) is bad and can be tested as legislation while Justice Kurian (Joseph) says it cannot be tested as legislation but it is bad as practice,” Sibal said.
Sibal’s remarks came after the Supreme Court on Tuesday held triple talaq being practised by the Muslim community as “unconstitutional”, “arbitrary” and “not part of Islam”.
A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.
Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection. Khehar in his judgement urged Parliament to pass a law to deal with the issue.
He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
“What Justice (J.S.) Khehar said is part of minority judgement so that does not apply,” Sibal said.
(With inputs from IANS)