Triple

talaq
'cruel'
and
demeaning', says Allahabad HC

'most

Observing that the judicial conscience is "disturbed", the Allahabad high

court has held that triple talaq is "cruel" and raised a question whether
the Muslim Personal law could be amended to alleviate the sufferings of
Muslim women.
Coming down heavily on the practice, the court has held that this form of
"instant divorce" is "most demeaning" which "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", a single judge bench of Justice Suneet
Kumar said in a judgement passed last month.
"Muslim law, as applied in India, has taken a course contrary to the spirit
of what the Prophet or the Holy Quran laid down and the same

misconception vitiates the law dealing with the wife's right to divorce", he
said.
"The purpose of law in a modern, secular state.... is to bring about social
change. The Muslim community comprise a large percentage of Indian
population, therefore, a large section of citizens, in particular women,
cannot be left to be governed by archaic customs and social practice under
the garb of personal law purportedly having divine sanction", the court
observed.
"India is a nation in the making, geographical boundaries alone do not
define a nation. It is to be adjudged, amongst others, on the parameter of
overall human development and how the society treats its women; leaving
such a large population to the whims and fancies of a personal law which
perpetuates gender inequality and is regressive, is not in the interest of
the society and the country. It impedes and drags India from becoming a
nation", the court remarked.
The court observed that "divorce is permissible in Islam only in case of
extreme emergency. When all efforts for effecting a reconciliation have
failed, the parties may proceed to a dissolution of marriage by Talaq or by
Khola".
"The view that the Muslim husband enjoys an arbitrary, unilateral power
to inflict instant divorce does not accord with Islamic injunctions.It is a
popular fallacy that a Muslim husband enjoys, under the Quranic Law,
unbridled authority to liquidate the marriage.
"The whole Quran expressly forbids a man to seek pretexts for divorcing
his wife, so long as she remains faithful and obedient to him", the court
said in an order dated November 5.
"The Islamic law gives to the man primarily the faculty of dissolving the
marriage, if the wife, by her indocility or her bad character, renders the
married life unhappy; but in the absence of serious reasons, no man can
justify a divorce, either in the eye of religion or the law", the court said.
The court made the observations while dismissing the petition of Hina, a
23-year-old woman, and her husband who was 30 years her senior and
had married her "after effecting triple talaq to his wife".
The couple hailing from Bulandshahr district in western Uttar Pradesh
had moved the court seeking a direction to the police and Hina's mother
that they stop harassing the petitioners and their safety and security be
ensured.
The court, however, made it clear that it was not disputing the contention
of the petitioner's counsel that the couple "are adults and are at liberty to
choose their own partner" and they "cannot be deprived of their right to
life and personal liberty" as per the fundamental rights enshrined in the
Constitution.

"Nor difference in age is an issue", the court said, adding, "What is

disturbing is that the instrument of instant divorce (triple talaq) has been
used for ulterior purpose (by the man) for divorcing his wife....first
petitioner (the woman) left her family and joined the company of the
second petitioner and consequently the second petitioner decided to get
rid of his first wife". "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 noted with concern.
"Women cannot remain at the mercy of the patriarchal set up held under
the clutches of sundry clerics having their own interpretation of the holy
Quran. Personal laws, of any community, cannot claim supremacy over
the rights granted to the individuals by the Constitution", the court held.
Stating that it would "not like to say anything further for the reason that
the Supreme Court is seized of the matter", the court added, while
dismissing the petition, that "the legality of the marriage/divorce and
rights of parties is kept open".

Government , women's law board welcome HC's observation

The government and the All India Muslim Women Personal Law Board
hailed the observations of the court on triple talaq as a welcome step, but
the All India Muslim Personal Law Board was dismissive, saying the
Supreme Court will deliver the final verdict.
Shiv Sena chief Uddhav Thackeray cautioned that the issue of triple talaq
should not go the way of Shah Bano case due to vote bank politics.
Welcoming the judgement, Information and Broadcasting Minister M
Venkaiah Naidu said women should get justice and everyone agrees to it.
Shaista Ambar, chairperson of All India Muslim Women Personal Law
Board, who had earlier expressed reservations over a uniform civil code,
said the practice of triple talaq was "unjustified".
"It is an atrocity...no law of Allah tolerates atrocity," she said.
Amber hoped that Muslim women will get justice based on the
Constitution as well as Islamic laws.
Minister of State for Women and Child Development Krishna Raj said,
"Nobody understood the agony of women. Today, the high court has taken
a welcome step. It will help boost the morale of women."
But the AIMPLB seemed dismissive of the high court's observations. Its
member Kamal Farooqui said the matter of triple talaq is already before
the Supreme Court. "So that will be the judgement."

He said the issue of triple talaq is not restricted to Muslims alone. "It is
the question of all those religious entities who have been given guarantee
under the Constitution to follow their own faith and religion," he said.
Thackeray said the observations should be respected. "It has a lot of
importance for the country. Due to vote bank politics, the issue (of triple
talaq) should not go the Shah Bano case way," he cautioned.
Hailing the Allahabad HC's observation on 'triple talaq', the Bharatiya
Janata Party said its stand on the issue has been vindicated, and asked
political parties supporting the practise to "desist from dividing the
society in the name of religion".
Bharatiya Janata Party National Secretary Siddharth Nath Singh said,
"BJP's ideology of gender equality stands vindicated by the court's
observation which has termed triple talaq unconstitutional and violative
of women rights. A progressive society cannot be subjected to a regressive
religious practice.
"BJP welcomes the court's decision and also warns those political parties
who have supported triple talaq for their political expediency. Time has
come for them to desist from dividing the society in the name of religion.
No personal law can claim supremacy over the rights granted to
individuals by the Constitution," he added.
Expressing anguish over Muslim women being subjected to divorce over
speed post, Skype and Facebook under the practice, he said it amounted
to "disrespect towards women".
"India is one and the rights of women need to be one. Gender equality will
be a major election issue, particularly in Uttar Pradesh, because time has
come that people of India should know how these 'secular parties' have
played with women rights through vote bank politics," Singh said.