Triple Talaq is unconstitutional and violates rights of Muslim women: Allahabad High Court
Allahabad High Court has observed that no Personal Law Board is above the Constitution and declared Triple Talaq as unconstitutional.
Allahabad High Court on 8 December 2016 declared ‘Triple Talaq’ as unconstitutional. The single judge bench of Justice Sunit Kumar observed that no Personal Law Board is above the Constitution.
The verdict was pronounced 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.
Incidentally, the practice of ‘Triple Talaq’ has been challenged in the Supreme Court of India by several women. The Union Government has told the top court that it is against gender justice, equality and the Constitution. It had said that the issue of the validity of triple talaq, polygamy and nikah halala should be considered in accordance with the principles of gender justice as well as dignity and equality.
The All India Muslim Personal Law Board has slammed Allahabad Court’s order stating that it is against Shariat. The board said that the order will be studied by its legal committee and challenged in the Supreme Court.
Comment: Triple Talaq is an Islamic practice of divorcing a woman in which the male counterpart of the woman pronounces the word talaq, three successive times. This judgement can be termed as a major boost for women right.