The All India Muslim Personal Law Board (AIMPLB) on Friday defended the practice of triple talaq to divorce the women by telling the Supreme Court that 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.
AIMPLB opposed the batch of pleas filed before the SC 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 Board contended, "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 of discrimination against women, the board responded describing "marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex?"
It also argued that 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," the affidavit said.