Triple talaq unconstitutional, violates rights of women, states Allahabad HC

The provision 'violates women's rights' and no personal law board is above the Indian constitution, the court ruled on Thursday.

Allahabad, Dec 8: The Allahabad high court on Thursday termed triple talaq as unconstitutional. The provision 'violates women's rights' and no personal law board is above the Indian constitution, the court ruled on Thursday.

"Triple Talaq violates the rights of Muslim women," the bench said. "No personal law board is above the Constitution," the bench said, in an apparent reference to the All India Muslim Personal Law Board that favours Triple Talaq.

"Even the Holy Quran terms the practice a wrongful act," the bench added.

Jamiat Ulama-i-Hind general secretary Maulana Mahmood Madani and All India Muslim Personal Law Board member Kamal Faruqui said Islam is first of most progressive religions about women's rights. Talaq is part of Sharia law, no interference should be there. He also said Constitution gives me right to follow my religion. Its observation by court, not decision.

The practice has been challenged in the Supreme Court by several women and the central government has told the top court that it is against gender justice, equality and the Constitution.

Prime Minister Narendra Modi had also criticised political leaders and people on the TV debates saying such discussions on triple talaq would keep women "deprived of their rights". He also said that justice would be given to Muslim women under the Constitution.

The All India Muslim Personal Law Board (AIMPLB) had also strongly opposed the central government's move against triple talaq and imposition of uniform civil code, saying divine Sharia laws regarding marriage, divorce and adaptation cannot be modified or altered by any person or authority.

Earlier, the government said that the question of triple talaq, where husbands can summarily divorce their wives by pronouncing the word 'talaq' thrice, 'nikaah halaal' under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband, and polygamy needs to be considered in the light of the "principle of non-discrimination, dignity and equality".

Triple talaq is interpreted as the Islamic practice of divorcing a woman by uttering the word talaq thrice. Most Muslim countries do not approve of it.

OneIndia News