The practice of triple talaq is “cruel” and the “most demeaning form of divorce”, Allahabad High Court said on Thursday. It added that the practice, by which Muslim men can orally end their marriages, “impedes and drags India from becoming a nation” and called it a “monstrosity”. The single judge bench of Suneet Kumar also said, “The divorce is permissible in Islam only in cases of extreme emergency.” A number of Muslim women and organisations have moved various courts across India challenging the validity of triple talaq.
The court, however, did not pass a ruling on the matter since it has already been taken up in the Supreme Court. The bench said that “personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution”, contrary to earlier reports that said the court termed the practice as unconstitutional.
The government had on October 7 told the Supreme Court that the “validity of triple talaq and polygamy should be seen in light of gender justice”. The government had said that there was no reason for women in India to be denied their constitutional rights, and that triple talaq, polygamy and nikaah halala “were not integral to the practices of Islam or essential religious practices.”
Several Muslim bodies, including the Jamaat-e-Islamic Hind had criticised the Centre’s stand on it, calling it a violation of citizens’ right to freedom of religion. The All India Muslim Personal Law Board has defended the practice, arguing that the rights bestowed by religion can not be questioned in a court of law. The law board governs marriage, divorce and property rights of Muslims. Kamal Farooqui of the law board told CNN News18, “This is not a judgment, just an observation.”
Government reacts
The ruling Bharatiya Janata Party and the Congress have supported the Allahabad High Court’s remarks. BJP leader Meenakshi Lekhi has said, “It is a progressive decision (triple talaq) by court, should be welcomed by all regardless of political affiliations”, while the Congress’ Renuka Chowdhury said, “This should have happened long ago, I am happy that my Muslim sisters will have more rights in life.” The Shiv Sena has also spoken in support of the court. Its chief Uddhav Thackeray said, “The Allahabad HC’s verdict on triple talaq is important and should not end up like Shah Bano case. It’s a very important decision and must be implemented.”
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