New Delhi: Triple talaq, 'nikah halala' and polygamy violate Muslim women's right to equality and dignity and are not protected by the right to profess, practise and propagate religion under Article 25(1) of the Constitution, the Centre told the Supreme Court on Monday.
"The conferment of a social status based on patriarchal values or one that is at the mercy of menfolk is incompatible with the letter and spirit of Articles 14 and 15," the Centre said.
"The right of a woman to human dignity, social esteem and self-worth are vital facets of her Right to Life under Article 21," the Centre has said.
The Centre's stand was enunciated in a written submission filed ahead of hearing of the matter by a Constitution Bench commencing May 11. The submissions drawn by advocate Madhvi Divan have been settled by Attorney General Mukul Rohatgi.
Pointing out that gender justice was a constitutional goal of overwhelming importance and magnitude, the Union government said the Fundamental Right to Equality takes within its fold, equality of status and the gender equality, gender equity and gender justice are values intrinsically entwined in guarantee of equality under Article 14.
The government said the paradox is that Muslim women in India are more vulnerable in their social status because of the prevalence of such practices, even though they live in a secular country and that their position is weaker than women who live in theocratic societies or countries where Islam is the state religion.
"Patriarchal values and traditional notions about the role of women in society are an impediment to the goal of achieving social democracy and they are likely to hold back the community at large, resulting in lopsided development and pockets of social backwardness ..."
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