Amid the raging debate over triple talaq in the country, the Allahabad High Court on Tuesday observed that basic human rights of women cannot be violated in the name of personal law, according to news agency ANI.
In its judgment, the High Court termed triple talaq as violation of the right of equality and that Muslim men cannot give divorce in this way, it is against the right of equality. Personal law can only be implemented under the Constitution, the court said. “No fatwa can be contrary to someone’s rights,” the court said according to ANI.
The court also said the practice of triple talaq among Muslims is “unsustainable” and “bad in law because Muslim marriages are contracts that cannot be unilaterally rescinded by the husband”, according to a Hindustan Times report.
The observation of the court came while hearing a petition filed by a man whose wife filed a criminal case against him for allegedly torturing her for dowry and then divorcing her in this manner when she refused to give in to the demand for dowry. The hearing in the case was held on April 19; the details of the judgment were made public on Tuesday. The judgment saw the court dismissing the man’s plea to scrap criminal proceedings against him.
The Supreme Court is scheduled to hear the a plea on the legality of triple talaq in a special bench on May 11. The apex court will constitute a five-member bench to hear the matter.