The Allahabad High Court in its ruling said all the citizens including Muslim women have fundamental rights under the Constitution and they cannot be violated under the “garb of personal law”.
In its judgement on triple talaq, the court said, “Talaq by a Muslim husband to his wife cannot be made in a manner which may infringe her fundamental rights.”
The five-judge Constitutional bench will hear of a batch of pleas challenging the constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy among Muslims from 11.
The court said the human rights of women and girls are an “inalienable, integral and indivisible part of universal human rights”.
The judgement comes after several women filed a petition against triple talaq before the Supreme Court. The women have raised their protest on Facebook, Whatsapp and phone text messages.
The bench is expected to observe the legality of triple talaq during the summer vacation. The Muslim personal law board asserted that the Muslim practices like polygamy and triple talaq are matters of “legislative policy” that could not be interfered with the judiciary.
Narendra Modi’s comment on triple talaq added fuel to debate on the Muslim practice. He termed triple talaq as a “bad social practice” and such practices can be ended by social awakening.
The Centre has informed the court, “Triple talaq, ‘nikah halala’ and polygamy violate Muslim women’s right to equality and dignity and are not protected by the right to profess, practice and propagate religion under Article 25(1) of the Constitution.”
Law Minister Ravi Shankar Prasad said that the government wishes for the abolition of this evil practice.