By: Advocate Monika Arora
Arguments of Kapil Sibal in the Supreme Court on the issue of triple talaq lifted the veil from the “secularist brigade” who have been vocal from Sati to Shani Mandir to Jallikattu but kept a “deafening silence” on triple talaq. In fact, when they spoke through likes of Kapil Sibal the supporting inhuman and barbaric triple talaq in the name of “practice followed over 1400 years by muslims”.
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These secularists are wrong on both facts and law. In order to go to any extent to support Muslim appeasement, they misled and misinterpreted the Constitution of India to state that Fundamental Right to Religion is supreme and absolute and superior to the right to equality, freedom, non-discrimination and dignity available to women”. Further Article 25 clearly lays down that Central Government can make laws for majority and also minorities for social welfare.Triple talaq is arbitrary, whimsical, inhuman and barbaric. It violate right to equality freedom, non-discrimination and dignity of women. Petitioners like Shaira Bano and Afreen have been given triple talaq by courier and husbands left. They have no remedy in law and nowhere to go. Hence, they have knocked the doors of Supreme Court for declaring the practices of triple talaq, polygamy and halala as illegal. Supreme Court has responded to this challenge and accepted to address this sensitive issue stating that it should have been addressed long time back. The Apex Court fixed the hearing in vacation from 11/05/2017 with 3 days given to the Petitioner and 3 days to those opposing Petitioners (including All India Muslim Personal Law Board). Supreme Court framed two issues namely
-Whether triple talaq is essential or fundamental to Islam?
-Whether triple talaq can be enforced under fundamental right to religion?
While the whole world witnessed the strength of Indian democracy and Indian judiciary where such sensitive and long pending issue was being resolved by “due process of law”, but people were equally astonished by the stand of so called “secularists” who defended triple talaq as a “practice followed for over 1400 years” and in fact indirectly asked Supreme Court to “keep their hands off and not to touch matters of faith”.
This secular brigade represented by well-known Advocate KapilSibal who has lot of feathers in his cap including defending Pro-Afzal azadi brigade Kanhaiya Kumar to India’s uncrowned prince Rahul Gandhi in the now in-famous defamation case for calling RSS as killers of Mahatma Gandhi, fired all his guns to defend, justify and argue for the continuation of triple talaq on the ground of “practice of Muslim Community for over 1400years and hence matter of faith”.
How Constitution of India was being mocked at by saying “practice of triple talaq is matter of faith and cannot be tested on grounds of Constitutional morality”. How majority community was mocked at by saying that in Hinduism Ram and his birth place is a matter of faith and so cannot be interfered with. Similarly, triple talaq is also matter of faith for muslims and hence cannot be interfered with.
It is pertinent to mention here that since 1950-Hindus are in Court litigating and showing credible evidence of existence of Ram Mandir at the site of now demolished Babri-Masjid. The matter is still pending in Supreme Court. He mocked at India as a democracy and communal harmony when he stated that Muslims are like small birds prayed by golden eagles (referring to Hindus) and stated that Supreme Court needs to protect nests (read interests of muslims).
Veil of human rights for all, veil of liberalism and veil of activism for equality, freedom, dignity and freedom of expression was shredded into pieces. This “secular brigade” stood bare in front of not only the Supreme Court, but before the people of India but also in front of helpless women in Muslim community who knocked the doors of highest court of India for right to live with dignity. Is that too much to ask for?