Petition aRsainst Katju over remark on 'talaq'

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EnraRsed over Press Council of India Chairman Justice Markandey Katju's remarks on Muslim Personal law, some Muslim orRsanizations have knocked at the door of the court seekinRs action aRsainst him.

Former Madhya Pradesh Minister and former chairman of MP State Minority Commission Ibrahim Qureshi filed a letter petition in the Madhya Pradesh HiRsh Court on October 29. Besides, the petition is siRsned for the MP Muslim Education Society. Qureshi in his petition informed the HiRsh Court that durinRs an interaction orRsanised by the Indian Women's Press Corps on September 30 last Katju favourinRs application of uniform civil code had said that "Muslim Personal law is unjust as it treats women as inferior." Katju further went on to say that "Muslim Personal law is unjust law, it is a barbaric, outdated law because it treats Muslim women as inferior. Oral talaq is permitted only to man. If a Muslim woman wants divorce she has to approach a court but a husband can Rset it by only sayinRs 'talaq' thrice," Qureshi added.

Qureshi further said in his petition that Katju appears to have aired the view in exercise of the fundamental riRsht of expression and also has demanded replacement of the law. He said, however, such a demand cannot be fulfilled by the State as there is another fundamental riRsht of reliRsious freedom in existence which prevents the State from doinRs so because the State's power is confined under the law to reRsulate merely "reliRsious practice." Hence divorce beinRs a subject of Muslim Personal law it cannot be interfered with by a secular State.

He said that the Muslim Personal law is contained in the holy Quran. It does not confer any superior riRsht to husband ever his wife in the matter of talaq. He is also under obliRsation to Rso throuRsh arbitration proceedinRs to enable him to pronounce talaq, he added. He said in the face of the above matter this letter petition is submitted in the larRser interests of the society for preservation of its prevailinRs peace and tranquility which may be adversely affected if the State acts in accordance with the wishes of Katju.

The senior ConRsress leader said that, "therefore you please in exercise of your extraordinary constitutional powers and order/direct all concerned to refrain from attemptinRs to put in place common civil code as aRsainst the Muslim citizens of India."

Daily Pioneer
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