The All India Muslim Personal Law Board (AIMPLB) submitted a reply on Friday, before the Supreme Court saying that personal laws cannot be challenged or rewritten in the name of social reforms as that would violate of Part III of the Constitution. A Supreme Court bench headed by Chief Justice TS Thakur is hearing a batch of petitions on the conflict between fundamental guarantees in the constitution and personal laws in the country. Triple Talaq has been challenged by some Muslim women.

Among them is Ishrat Jahan, whose husband divorced her on the phone. Ms Jahan has argued that divorce through spoken words violates fundamental rights. “When serious discords develop in a marriage and husband wants to get rid of wife, legal compulsions and time consuming judicial process….in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations Triple Talaq is a better recourse,” AIMPLB told the apex court. “Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex. Securing separation through court takes a long time deters prospects of remarriage,” it added.