Finance Minister Arun Jaitley took to Facebook to clarify the government’s stand on triple talaq in view of introducing a Uniform Civil Code (UCC) and the current lack of it. In a long Facebook post, Jaitley claimed that the government is against a “conservative” – and “obsolete” – opposition to the personal laws.
Jaitley prepared his battle-ground before diving into the topic, and launched an attack by saying:
The issue with regard to the constitutional validity of ‘Triple Talaq’ is distinct from the Uniform Civil Code... Irrespective of whether the Uniform Civil Code is today possible or otherwise, a pertinent question arises with regard to reforms within the personal laws of various communities.
Amendments to Personal Laws in the Past
Personal laws, Jaitley claimed, have historically been amended after consulting with the stakeholders involved. He cited the following examples from the past:
- Prime Minister Jawaharlal Nehru-led government's amendments to the Hindu Marriage Law.
- Dr Manmohan Singh-led government’s role in changing “with regard to gender equality in the Hindu Undivided Family”.
- Atal Bihari Vajpayee-led government’s role in changing the personal laws for gender equality in the Christian community.
Similarly, the concept of triple talaq may see a policy-shaped axe if not a UCC-shaped coffin.
While the Law Commission is contemplating UCC, the recent questionnaire released by the commission is an “academic exercise”, says Jaitley. This academic exercise by the Law Commission is only a “continuation of the debate in this country” as the ones who framed the Constitution hoped that India would aim for a uniform civil code.
Should Rights Emanate From Religion or Constitution?
Jaitley then goes on to differentiate between religious practices, rituals and civil rights.
Religious functions associated with birth, adoption, succession, marriage, death, can all be conducted through rituals and customs as per existing religious practices. [However] Should rights emanating from birth, adoption, succession, marriage, divorce etc. be guided by religion or by constitutional guarantees? Can there be inequality or compromise with human dignity in any of these matters?
Virtually taking a dig at the all India Muslim Personal Law Board, Jaitley then goes to call their support for triple talaq to be conservative “if not obsolete”.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)