Fundamental rights cannot be violated under the name of “personal law”: Allahabad High Court

The Allahabad High Court has come down strongly on the issue of triple talaq, saying the rights of a person cannot be violated under the name of “personal law”. The court expressed this opinion while hearing a case involving a divorce granted through the contentious practice of triple talaq.

In name of personal law, basic human rights of women cannot be violated: Allahabad High Court while hearing case a triple talaq case

— ANI UP (@ANINewsUP) May 9, 2017

Muslim men can't gv divorce in this way,it's agnst right of equality;personal law can only be implemented undr the constitution:Allahabad HC

— ANI UP (@ANINewsUP) May 9, 2017

Muslim men cannot separate from their wives following this practice, the court said, calling triple talaq against the constitutional right of equality.

The court also said that personal law may be applicable only within the purview of the Constitution, and that a fatwa, which is contrary to the justice system, is not valid. “No fatwa can be contrary to someone’s rights,” the court said.
The observation comes in the wake of discussion and debate getting vocal about the validity of the Muslim Law Board, and the court’s judgment is a boost for women petitioners involved in divorce cases granted through triple talaq.

The Allahabad High Court had earlier called it “instant divorce”, and said it’s “most demeaning” and “impedes and drags India from becoming a nation”. “The question which disturbs the court is — should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be amended suitably to alleviate their sufferings? The judicial conscience is disturbed at this monstrosity,” the court had said then.

On 30 March this year, the Supreme Court referred the triple talaq issue to a constitutional bench, which will hear the matter on 11 May. A five-member bench will be constituted by the top court to hear the matter. The apex court will be hearing a clutch of petitions demanding a ban on the triple talaq practice.

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