HIGHLIGHTS
NEW DELHI: In a major boost to women's rights, the Allahabad high court today called the Islamic practice of divorcing a woman by saying the word 'talaq' three successive times "unconstitutional" and called it a violation of the rights of Muslim women.
"Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution," said the Allahabad high court in its order.
The order was passed by Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her.
Justice Kumar also said that triple talaq can't be given arbitrarily. "Personal Law cannot be above the Constitutional law," he stated.
This should have happened long ago, I am happy that my Muslim sisters will have more rights in life: Renuka Chowdhury, Congresspic.twitter.com/m8dDRJb7ZF
— ANI (@ANI_news)December 8, 2016
Incidentally, the Supreme Court is also hearing a petition challenging the validity of triple talaq, as several individuals and NGOs have sought a ban on its practice.
In fact, even the pic.twitter.com/kqxLiEvtT8
— ANI (@ANI_news)December 8, 2016
"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 Centre said.
Still, the All India Muslim Personal Law Board has said the courts have no role to play in Personal Law , which they say falls under the Fundamental Right to practice religion.
In 1986, the Rajiv Gandhi government passed a law to overturn the Supreme Court's Shah Bano verdict that had granted Muslim women lifelong alimony rights with conditions.
http://www.timesofindia.com/india/Triple-talaq-unconstitutional-it-violates-rights-of-Muslim-women-Allahabad-high-court/articleshow/55869880.cms?utm_source=facebook.com&utm_medium=referral&utm_campaign=TOI
- The Allahabad high court has termed practice of 'triple talaq' as unconstitutional.
- The high court said it violates the rights of Muslim women.
- No Personal Law Board is above the Constitution, the Allahabad HC said.
NEW DELHI: In a major boost to women's rights, the Allahabad high court today called the Islamic practice of divorcing a woman by saying the word 'talaq' three successive times "unconstitutional" and called it a violation of the rights of Muslim women.
"Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution," said the Allahabad high court in its order.
The order was passed by Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her.
Justice Kumar also said that triple talaq can't be given arbitrarily. "Personal Law cannot be above the Constitutional law," he stated.
This should have happened long ago, I am happy that my Muslim sisters will have more rights in life: Renuka Chowdhury, Congresspic.twitter.com/m8dDRJb7ZF
— ANI (@ANI_news)December 8, 2016
Incidentally, the Supreme Court is also hearing a petition challenging the validity of triple talaq, as several individuals and NGOs have sought a ban on its practice.
In fact, even the pic.twitter.com/kqxLiEvtT8
— ANI (@ANI_news)December 8, 2016
"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 Centre said.
Still, the All India Muslim Personal Law Board has said the courts have no role to play in Personal Law , which they say falls under the Fundamental Right to practice religion.
In 1986, the Rajiv Gandhi government passed a law to overturn the Supreme Court's Shah Bano verdict that had granted Muslim women lifelong alimony rights with conditions.
http://www.timesofindia.com/india/Triple-talaq-unconstitutional-it-violates-rights-of-Muslim-women-Allahabad-high-court/articleshow/55869880.cms?utm_source=facebook.com&utm_medium=referral&utm_campaign=TOI
