“The verdict has protected the personal law that there can not be a challenge to Part III of the Constitution which has been held by Chief Justice J S Khehar and Justice S Abdul Nazeer in their minority judgement,” he said.
He said even Justice Kurian Jospeh, who through a majority verdict set aside the practice of triple talaq, agreed with the CJI and Justice Nazeer that personal law has to be protected.
Sibal said Justice Joseph had also disagreed with Justices R F Nariman and U U Lalit that the 1937 Act was not a legitimate law.
He disagreed with the perception that the judgement is a step towards achieving the goal of Uniform Civil Code which can only come through a legislation.
In a lighter vein, the Congress leader said Prime Minister Narendra Modi should also make efforts to bring a law to ensure justice for Hindu women in certain cases.
The five-judge constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ triple talaq is set aside”.
The two separate judgements, written for majority by Justices Kurian Joseph and R F Nariman, did not concur with the CJI and Justice S Abdul Nazeer that ‘triple talaq’ was a part of religious practice and the government should step and come out with a law.
( Source – PTI )