Triple talaq unconstitutional, violates rights of Muslim women: Allahabad High Court

Calling the practice of triple talaq among Muslims 'unconstitutional', the Allahabad High Court on Thursday said that it violated the rights of Muslim women.

"Triple talaq is unconstitutional, it violates the rights of Muslim women," ruled the high court, adding that no personal law board is above the Constitution.

Several women have filed a petition before the Supreme Court seeking the quashing of the triple talaq practice. The central government has also told the top court that it is against gender injustice and for equality between men and women under the Constitution.

A debate has emerged over the government's stand opposing the practice of triple talaq with some leading women politicians seeking its abolition, even as some Muslim bodies accused the ruling dispensation of waging a "war" on their personal law. 

Last month, in a first, the All India Muslim Personal Law Board decided to form a women's wing to look into burning issues such as talaq, even as it passed a resolution in favour of triple talaq.

On December 2, prominent Islamic organisation Jamiat Ulema-i-Hind had told the Supreme Court there was no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

All India Muslim Personal Law Board (AIMPLB) had rubbished the stand taken by the Centre that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Indian Constitution.