BREAKING NEWS: Allahabad Court Declares Triple Talaq Unconstitutional, Exploitative to Muslim Women

The heated debate on Muslim Personal Laws and the provision of Triple Talaq has again resurfaced. The Allahabad High Court here on Thursday has declared that the provision of Triple Talaq is unconstitutional. It says that it is violative of the rights of the Muslim women, and is responsible for their exploitation.

It should be noted that as per the Muslim Personal Laws, the husband can divorce the wife simply by uttering the word ‘Talaq’ three times. The High Court further said that the personal laws which govern marriage, divorce and property – all are exploitative of the rights of the women, and should be abandoned.

It said that the Indian Constitution is against all such practices which exploit a woman. It further said that no religion or personal laws can be above or beyond the Constitution of India. The Constitution is the only supreme body of law in the country.

It should be noted that this triple talaq practice had been challenged in the courts by several women, activists and rights based organisations. Even the Central government is of the view that it is against gender equality, justice and most importantly, the Constitution of India. People all over the country and the world support this view, that no woman should be subjected to such a law, that violates and exploits her basic rights, both as a human being and as a woman.

This is a welcome step, in the light of the recent happenings all around the world. The decision of the Allahabad High Court is fair, just and equitable. It is a good step in ensuring that the rights of a woman are protected against this unruly and authoritarian practice under the Muslim Personal Laws, which has been going on for centuries.

In response, the Muslim Personal Law Board has given a flimsy statement that it is in fact better to kill a woman than divorce her. It further said that the Court of Law cannot question religion and religious practices.