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Twitterati Questions The Logic Behind Kapil Sibal’s Arguments In Favor Of Triple Talaq

Published on 16 May, 2017 at 2:01 pm By

Congress leader and lawyer Kapil Sibal is arguing in favor of the controversial triple talaq in the Supreme Court. He is representing the All India Muslim Personal Law Board (AIMPLB) which is adamant upon not giving Muslim women freedom from the regressive Islamic divorce system.


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A five-judge Constitution Bench headed by Chief Justice of India J.S. Khehar, along with Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer is hearing the case.

In his argument, Sibal said the following:

So technically, Sibal not only claimed that triple talaq should not be questioned because it is going on for over a millennium but also equated a social issue with a religious one.

Had this been a time before Twitter, Sibal’s arguments would not have set the nation on fire, but this is the age of Twitter, and people were quick to question the logic behind the arguments:

 

Sibal also told the Supreme Court not to interfere in the matter:

He also reminded the honorable court of this fact:


Religious laws in India are not subjected to Article 13 of the Indian Constitution which states that any “law” that violates a fundamental right (guaranteed by Part III of the Constitution) is void.

In 1952 the Bombay High Court hearing the State of Bombay v. Narasu Appa Mali (AIR 1952 Bom 84) ruled that personal laws are not customs and therefore cannot be challenged on the ground that it violates fundamental rights.

This is why the Center, through Attorney General Mukul Rohatgi, told the Supreme Court to revisit the Narasu Appa Mali judgement, but this bench has refused to do so.

Sibal, too, said that the decision in that the SC needs to look into the correctness of the 1952 case.


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It should be noted that the Supreme Court is examining whether the triple talaq “is fundamental to religion” and whether it falls in the category of enforceable fundamental rights.

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