Lucknow: Ruling Triple Talaq as unconstitutional, the Allahabad High Court on December 8 called it a violation of rights of Muslim women.
Several Muslim women had approached various courts across the country to challenge the validity of Triple Talaq. In its order, the HC observed that “No Personal Law Board is above the Constitution.”
The Supreme Court is also hearing a petition challenging Triple Talaq’s validity as several individuals and NGOs have sought a ban on its traditional practice.
Opposing Triple Talaq in SC, the government said, “The validity of practises such as Triple Talaq, nikah halala and polygamy must be seen in the light of principles of gender justice and principle of non-discrimination, dignity and equality.”
The Government also said that Indian Muslim women should not be denied their constitutional rights even as many Muslim nations have undergone reforms.
However, the All India Muslim Personal Law Board (AIMPLB) has opposed the Centre’s move against Triple Talaq. It said that Sharia laws regarding marriage and divorce cannot be modified, changed or altered by anyone.
It may be noted that in 1986, the Rajiv Gandhi government had passed a law to overturn the SC’s verdict in Shah Bano case which granted Muslim women lifelong alimony rights, but with certain riders.