Allahabad High Court declares triple talaq unconstitutional
The Allahabad High Court has declared triple talaq or the divorcing of women under Islamic laws – is unconstitutional and stated that the practice of triple talaq violates the rights of Muslim women
The court warned the All India Muslim Personal law board for opposing the government’s decision of implementing Uniform Civil Code in the country and said, “No Personal Law Board is above the Constitution.”
The constitution of India prohibits discrimination on the basis of gender, caste, creed and religion, except for providing upliftment support for weaker sections of the society.
The judgment by the Allahabad High Court has come even as the Supreme Court of India is hearing another petition by a woman alleging that divorce laws applied to her in India were not in conformity with constitutional principles of equity and fairness.
In February, the Supreme Court asked the government for its stand, and the Modi government is expected to say that it does not support triple talaq.
All India Muslim Personal Law Board (AIMPLB) had opposed the idea of declaring triple talaq as unconstitutional and also rejected the suggestion of Uniform Civil Code in the country.
AIMPLB had attacked the Modi government and said that the Centre should not interfere in religion and termed the Law commission as biased and said that it was working as a government body rather than being independent.
The latest move by the Supreme Court has come under attack from Islamic scholars and activists.It said the Muslim Personal Law has an element of certainty and is not local or regional in operation.
Last week, Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq, ‘nikah halala’ and polygamy are well rooted and stand on much higher pedestal as compared to other customs.