PTI
New Delhi
Attorney General Mukul Rohatgi, in his rebuttal to the arguments favouring the 1,400 year-old practice of triple talaq, made a strong pitch for judicial scrutiny on grounds including violation of fundamental rights like right to equality and gender justice and said that the apex court cannot shy away.
A bench asked the Centre as to why it did not legislate to regulate marriages and divorce among Muslims.
“You (Centre) said if court quashes triple talaq then you will make a law but why the government did not make a law for last 60 years?” the bench asked.
Rohatgi replied that the hallmark of a secular court was to reform without waiting for a legislation, when such matters come to it.
“I will do what I have to do but the question is what will you (court) do? I have given statement on instruction. I speak for the government and can’t speak for parliament,” he said reiterating that the top court was guardian of fundamental rights and has to see whether there was any violation of such rights.