The court said, the issues of polygamy and "nikah halala" among Muslims will be decided in the future.
On the second day of the hearing last Friday, senior Congress pioneer Salman Khurshid, who is the amicus curiae in the matter, said under the watchful eye of the Supreme Court that the dubious Islamic separation framework can't be legitimised at all.
"If the court takes the first step and quashes talaq in entirety, we will take the next step of enacting a new law", Rohatgi replied. Jethmalani argued that any law that is enforceable by courts is covered by Article 13, and consequently, is covered by Articles 14 and 15.
In December past year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional".
Former Minister Arif Khan stated that the practice, far from being fundamental to Islam, violates the Quranic mandate.
A five-judge constitution bench headed by Chief Justice JS Khehar had said that the issues of the practice of polygamy and "nikah halala" among Muslims will be discussed at a later date.
"Matters of personal law have no relation with religion".
"There was a talk that whether Triple Talaq is legitimate unavoidably".
Muslim women in India have not been given rights that women in other countries have been given, said Mukul Rohatgi.
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Attorney General Mukul Rohatgi informed the Supreme Court about the Narendra Modi government's intent when asked what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
To this, Rohatgi said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.
However, the All India Muslim Personal Law Board has opposed any judicial interference in what it calls a religious matter, protected under Article 25, which grants freedom of religion.
Rohatgi said the court should not close its door for adopting a reformist approach like even when there was no law on sexual harrassment at work place, it formulated guidelines or even suggest enacting of a law.
- Supreme Court says theocratic countries like Pakistan and Afghanistan are moving towards reforms, a secular country like India is still debating triple talaq.
Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, can not be violated in the name of "personal law".
Sibal, starting his arguments, said the court should not interfere in Muslims' personal laws, otherwise the personal laws of other communities too could be challenged by anyone.
While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court observed that it would examine whether the issue is fundamental to religion or not.