Allahabad/ New Delhi: The Allahabad High Court on Thursday called the practice of triple talaq unconstitutional and said that it violates rights of Muslim women. The court also said that no personal law board is above the Constitution in the country.
The issue that has been hogging the limelight for the last several months is going to become all the more complicated with the latest pronouncement of the Allahabad High Court. While uniform civil code lobby is going to become over active in the days to come, the Muslim Personal Law Board and Muslim organizations are going to label the judgment as intrusion into Muslim personal law. They call the Muslim personal law sacrosanct that cannot be interfered by courts and governments.
The high court didn’t say that the court’s order is illegal, nonetheless it said that the triple talaq practiced by a large section of the Indian Muslims is cruel and demeaning. The high court’s order deals with the plea by a Muslim man and his second wife seeking protection against police action. The court left the issues of divorce to the first wife through triple talaq as well as second marriage open and simply dismissed the man’s plea of protection.
The observation of the Allahabad High Court has been welcomed by the political parties including the BJP and the Congress. On the other hand the Muslim Law Personal Law Board said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict.
Muslim organizations have said that they oppose the government and courts’ interference in Muslim personal law. Jamiat Ualama e Hind in a press release recently said “There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” the statement went on to add.