In a sensational judgement, which is likely to have far reaching impact on personal laws, the Allahabad High Court has observed today that no Personal Law Board is above the Constitution and declared triple talaq as unconstitutional.
The single judge bench of Justice Sunit Kumar said in its order while deciding two separate writ petitions that the triple talaq practice,sanctioned under Muslim personal law that governs marriage, property and divorce – violated the rights of Muslim women.
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.
The issue of triple talaq has already been taken to the Supreme Court by several women with the central government has told the top court that the practice is against gender justice and the Constitution. The All India Muslim Personal Law Board has slammed today’s order of the court stating that it is against Shariyat.
A debate has emerged over the government’s stand opposing the practice of triple talaq with some leading women politicians seeking its abolition, even as some Muslim bodies accused the ruling dispensation of waging a “war” on their personal law.
Last month, in a first, the All India Muslim Personal Law Board decided to form a women’s wing to look into burning issues such as talaq, even as it passed a resolution in favour of triple talaq.
On December 2, prominent Islamic organisation Jamiat Ulema-i-Hind had told the Supreme Court there was 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.
