Thursday, 8 December 2016

Allahabad High Court calls triple talaq unconstitutional, says no personal law board is above Constitution

The Allahabad High Court today said the practice of 'triple talaq' within Muslims is unconstitutional and violates the rights of Muslim women. "No Personal Law Board is above the Constitution," the High Court said.

A number of Muslim women and organisations have moved various courts across India challenging the validity of 'triple talaq'.

The Supreme Court is also hearing a number of such petitions. The Centre has asked the apex court to re-look these practices, calling them violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

In its affidavit filed in the Supreme Court last month, the NDA government too, for the first time, opposed triple talaq and said, "The issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality."

The All India Muslim Personal Law Board (AIMPLB), meanwhile, has rubbished the stand taken by the Centre and has strongly opposed the move against triple talaq and imposition of uniform civil code, saying divine Sharia laws regarding marriage, divorce and adaptation cannot be modified or altered by any person or authority.

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