NEW DELHI, Oct 7 - For the first time in India�s constitutional history, the Centre today opposed in the Supreme Court the practice of triple talaq, �nikah halala� and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.
The Ministry of Law and Justice, in its affidavit, referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
�It is submitted that the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality,� the affidavit filed by Mukulita Vijayawargiya, Additional Secretary in the Ministry, said.
Responding to a batch of petitions, including the one filed by Shayaro Bano, challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution. �The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India,� it said. � PTI