NEW DELHI,PRABHATI NAYAK MISHRA : The Personal laws of a community cannot be ‘re-written’ in the name of social reforms and the same can’t be challenged as it violates the Constitution, the All India Muslim Personal Law Board (AIMPLB) on Friday told the Supreme Court while defending the practice of triple talaq to divorce the women.
It opposed the batch of pleas filed before the apex court questioning the legality of triple talaq and filed an affidavit in response to the pleas saying “uniform civil code a directive principle and not enforceable.”
The AIMPLB said “Personal Laws cannot be challenged as being violative of Part III of Constitution. Personal laws cannot be re written in the name of social reform. Personal Laws protected by Article 25, 26 and 29 of the constitution as they are acts done in pursuance of a religion.”
Countering the petitioners’ argument that the women face discrimination, the board defended describing “marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex…”
It held the judicial process delays the prospect of remarriage and added -Muslim women have right to divorce under Khula practice.
“When serious discords develops in a marriage and husband wants to get rid of wife, legal compulsions and time consuming judicial process…Securing separation through court takes a long time deters prospects of remarriage,” as stated in the affidavit.
It said polygamy is a social practice and is not for gratifying men’s lust but it is a social need.
In addition, it argued that the issue is a policy matter and let the Parliament decide but the court should not entertain the plea.
Earlier, the apex court had also taken suo-motu cognisance of the question whether Muslim women faced gender discrimination in cases of divorce or due to other marriages of their husbands.