-Equality Comes First: Calling triple talaq unconstitutional, Allahabad high court boosts women’s rights

Equality Comes First: Calling triple talaq unconstitutional, Allahabad high court boosts women’s rights

December 9, 2016, 2:00 am IST TOI Edit in TOI Editorials | Edit Page, India | TOI

In a boost to the case against triple talaq, the Allahabad high court has observed that the practice of instanthttps://wordpress.com/post/wizardlegal1.wordpress.com/737 divorce is unconstitutional and violates the rights of Muslim women. The court further emphasised that no personal law board is above the Constitution and hence personal laws of any community cannot claim supremacy over constitutional rights granted to individuals. This is a welcome observation that upholds the principle of equality and gchallenging the validity of triple talaq and other Islamic practices related to marriage like nikah halala and polygamy. In fact, the central government has already submitted before gender justicet will be recalled that the Supreme Court is currently seized with a bunch of petitions challenging the validity of triple talaq and other Islamic practices related to marriage like nikah halala and polygamy. In fact, the central government has already submitted before the apex court its opinion that triple talaq violates the fundamental rights guaranteed by the Constitution and that the issue needs to be considered in light of gender justice and non-discrimination. There’s no denying that the practice of triple talaq in India has taken ridiculous forms with women being divorced through postcards and SMSes. Given that religious orthodoxy insists that only men enjoy the right of divorce, triple talaq leaves Muslim women extremely vulnerable.

In such a scenario, the law needs to be on the side of the exploited. Besides, triple talaq as practised by the Muslim community in India isn’t observed in many Muslim-majority nations. In fact, triple talaq has been banned in more than 20 Muslim-majority countries, including Pakistan and Bangladesh. Hence, contrary to the claim of the All India Muslim Personal Law Board, the practice isn’t essential to Islam. Neither does it enjoy universal acceptance since most petitioners against triple talaq are Muslim women. Thus, the Allahabad high court observation should encourage the petitioners and hopefully pave the way for their victory in the Supreme Court.

CnonclusionTh eflawed archaic and barbaric skewed narrow minded policy of Triple Talaq as wrongly interpreted my Muslim  FNATIC cLERICS ND  mULLAHS IN THE FORM OF TRIPLE tALAQ THROUGH POST CARD, smes. pHONE OR DIRECT IS DEVASTATING THOUSANDS OF MUSLIM WOMEN LONELY ABD DESTITUTES.  THE MOMENT FIRST WIFE TOUCHes 40S, THE HUSBAND IS GOING  FOR2 ND MARRIAGE  WITH A girl  halF his age  leaving first wife lonely  and     DESRTITUTE.

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Slamming triple talaq, HC says it’s contrary to the spirit of Koranic laws

: While slamming the practice of triple talaq , the Allahabad High Court has observed that Muslim law in India was being applied contrary to the spirit of Koranic laws and the Prophet’s teachings. The “same misconception vitiates the law dealing with the wife’s right to divorce”, it said.

The court said the “arbitrary” and “unilateral” use of triple talaq by Muslim husbands was not in sync with Islamic laws, and it was a “popular fallacy that a Muslim man enjoys, under the Koranic Law, unbridled authority to liquidate the marriage”.

‘Not above Constitution’

Holding triple talaq as “cruel” and “the most demeaning form of divorce practised by the Muslim community”, the court said “personal laws, of any community, could not claim supremacy over the rights granted to individuals by the Constitution”. “Women cannot remain at the mercy of the patriarchal set-up held under the clutches of sundry clerics having their own interpretation of the holy Quran,” said a single bench of Justice Suneet Kumar in an order dated November 5.

The court, however, acknowledged that triple talaq has been “deprecated” and was not followed by all sects of Muslims in the country.

Dismisses writ petition

The court made the observations while dismissing the writ petition of a 23-year-old Muslim woman Hina and her husband, 30 years older than her, who had approached it seeking protection from harassment by the woman’s mother and police.

Alleges harassment

The husband submitted in court that he had divorced his first wife through the custom of triple talaq only to marry Hina, his second wife.

The couple from western U.P.’s Bulandshahr district were seeking the court’s directions to stop their harassment by Hina’s family, and to ensure their safety and security.

“The legality of the marriage/divorce and rights of parties is kept open,” the court said while dismissing the plea. While the difference in the age of the man and his second wife was not an “issue”, “what is disturbing” Justice Kumar observed “is that the instrument of instant divorce [triple talaq ], in the facts of the present case, has been used for ulterior purpose for divorcing the [first] wife.”

‘Matter in SC’

“The judicial conscience is disturbed at this monstrosity. The first wife has to live life [alone] for no fault of her but for the reason that her husband got attracted to a lady half of her age, which is the reason for being divorced,” the court said.

The court, however, added that since the issue of triple talaq was in the Supreme Court, it would not like to comment on it further.

I strongly opine  that with enactment of Uniform Civil code all this type of unequal    and barbaric personal  laws wouled be eradicated and only gender justice equality and liberty would previal in  matters of marriage and property laws roo. of all rfeligions and communities .

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