Triple talaq controversy: As Allahabad High Court slams the practice, here’s everything that has happened so far
New Delhi, December 8: In a landmark move today, the Allahabad High Court pronounced the practice of triple talaq to be unconstitutional. Making a judgement that favours Muslim women, the court said that “Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution.” As the controversy over triple talaq rages on, it becomes essential that we take a look at how it has progressed thus far.
Triple talaq essentially is an age-old practice that determines divorce in Islam. The utterance of the phrase ‘talaq’ thrice by a husband to his wife, dissolves the marriage. Early in June this year, over 50,000 Muslim men and women signed a petition seeking a ban on the practice. The petition was headed by the Bharatiya Muslim Mahila Andolan (BMMA) organisation. The BMMA sought the assistance of the National Commission for Women in the matter. The BMMA’s stance, which brought the issue into the national limelight was that the practice violated the rights of women and that it was un-Quranic.
Taking up the plea of a Muslim woman challenging the Constitutional validity of ‘triple talaq’, the Supreme Court of India issued a notice in late August to the Central Government demanding its clarification. The petitioner Ishrat Jahan had pleaded that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional, as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution.
However, the apex decision-making body of Muslims in India, the All India Muslim Personal Law Board (AIMPLB) angrily objected that the Supreme Court could not interfere in the religious freedom of citizens. Strongly backing the practice of triple talaq, the AIMPLB also stated that personal laws can’t be challenged as that would be a violation of the fundamental rights guaranteed by the Constitution
The government however, made it a point to take a decisive stand on the issue. In a bid to garner public opinion, the Law Commission issued a questionnaire in the first week of October, seeking citizens’ views on the controversy. Meanwhile, the government filed an affidavit in the Supreme Court stating that the practice of triple talaq was not an ‘essential religious practice’ because it violates the fundamental right of equality and women’s dignity, which are safeguarded by Article 14 and 21 of the Indian Constitution. The government’s plea further said, “Validity of triple talaq and polygamy should be seen in the light of gender justice. There is no reason women in India should be denied their constitutional rights”.
The significance of the issue became so pronounced that, Prime Minister Narendra Modi urged political parties not to politicise it. Addressing the Bundelkhand Parivartan Rally in Mahoba, Uttar Pradesh, on October 24th, Narendra Modi said lives of Muslim women are being ruined due to the practice of triple talaq.If a Hindu kills girl inside the womb, he will go to jail. Similarly is it fair for a man to say “talaq” thrice over the phone and a Muslim woman’s life to be ruined?”
