As reported by Firstpost, the Allahabad High Court has termed triple talaq as unconstitutional, observing that the practice is violation of a woman’s rights. Coming down strongly on the issue of Triple Talaq while hearing a case involving a divorce granted through the contentious practice of triple talaq, the Court observed that all citizens, including Muslim women, have fundamental rights under the Constitution, and they cannot be violated under the garb of personal law. Striking out at practices that violate the fundamental rights of women, Surya Prakash Kesarwani, J. held that the human rights of women and of girls are an “inalienable, integral and indivisible part of universal human rights”.
The Court also said that personal law may be applicable only within the purview of the Constitution, and that a fatwa, which is contrary to the justice system, is not valid. No fatwa can be contrary to someone’s rights, the Court said.
The Constitution Bench of the Supreme Court comprising of 5 Judges will hear the triple talaq matter from 11.05.2017 [In Re: Muslim Women’s Quest for Equality v. Jamiat Ulma-I-Hind, SMW(C) No. 2/2015].
