Court said human rights of women are an integral part of universal human rights and Triple Talaq cannot be made in a way that violates it.
LUCKNOW: All citizens, including Muslim women, have fundamental rights under the Constitution, and they cannot be violated under the “garb of personal law”, the Allahabad High Court has said. “Talaq by a Muslim husband to his wife cannot be made in a manner which may infringe her fundamental rights,” the court observed while releasing a judgment last month, which was made public today.
Striking out at practices that violate the fundamental rights of women, Justice Surya Prakash Kesarwani said the human rights of women and of girls are an “inalienable, integral and indivisible part of universal human rights”.
The judgement comes as increasing complaints are coming from women about being sent triple talaq — the practice of Muslim men to divorce their wives by saying talaq thrice — on Facebook, Whatsapp and phone text messages.
The case involved a woman who had accused her husband of torturing her for dowry and then divorcing her. The husband had appealed to the high court that the criminal complaint filed by his wife be dismissed. The high court turned down his petition.
A five-judge Constitution bench of the Supreme Court is expected to examine the legality of practices like triple talaq, polygamy and nikah halala during the summer vacation. The Muslim personal law board contends that such practices are matters of “legislative policy” and the judiciary cannot interfere with them.
The Narendra Modi government contends that such practices do not form a part of the “essential religious practices” in Islam and they violate the fundamental rights of women guaranteed by the Constitution. Law Minister Ravi Shankar Prasad has said ideally, the government wants triple talaq to be abolished.