New Delhi: Against the backdrop of the All India Muslim Personal Law Board's call for boycott of the Law Commission's questionnaire over the issue of Uniform Civil Code and the raging debate over the practice of triple talaq, Union Finance and Corporate Affairs Minister Arun Jaitley today said that personal laws have to be constitutionally compliant and the institution of Triple Talaq, therefore, will have to be judged on the yardstick of equality and the Right to Live with Dignity. In his Facebook post "Triple Talaq and the Government’s Affidavit", Mr Jaitley said, 'As communities have progressed, there is a greater realization with regard to gender equality.
Additionally, all citizens, more particularly women, have a right to live with dignity.' Should personal laws, which impact the life of every citizen be in conformity with these constitutional values of equality and the Right to Live with Dignity? He asked. He said a conservative view found judicial support over six decades ago that personal laws could be inconsistent with personal guarantees. 'Today, it may be difficult to sustain that proposition. The Government’s affidavit in the triple talaq case recognizes this evolution,' he said. The Finance Minister said there is a fundamental distinction between the religious practices, rituals and civil rights.
Religious functions associated with birth, adoption, succession, marriage and death, can all be conducted through rituals and customs as per existing religious practices, he said. 'Should rights emanating from birth, adoption, succession, marriage and divorce be guided by religion or by constitutional guarantees? Can there be inequality or compromise with human dignity in any of these matters? 'Some people may hold a conservative, if not obsolete, view that personal laws need not be constitutionally compliant. The Government's view is clear.
Personal laws have to be constitutionally compliant and the institution of Triple Talaq, therefore, will have to be judged on the yardstick of equality and the Right to Live with Dignity. Needless to say that the same yardstick would be applicable to all other personal laws,' the Minister said. He said the issue with regard to the constitutional validity of ‘Triple Talaq’ is distinct from the Uniform Civil Code. (UNI)
