The Supreme Court on Tuesday will hear various petitions on the Constitutional legitimacy of triple talaq and polygamy in the Muslim community. 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.
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One of the petitioner’s Shayara Bano, 38, stirred a hornet’s nest after she moved the Supreme Court to challenge the triple talaq under Muslim personal law, under which a man simply has to utter ‘talaq’ thrice to divorce his wife.
Shayara has also challenged in the apex court the concept of ‘nikah-halal’, under which a woman must consummate another marriage in order to go back to her first husband if she wants to. She also wants to outlaw polygamy within a Muslim marriage.
In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice as unconstitutional.
The court further observed that the triple talaq practice sanctioned under Muslim Personal Law that governs marriage, property and divorce violates 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.
However, the All India Muslim Personal Law Board has defended the practice, saying it is better to divorce a woman than kill her. The rights bestowed by religion can’t be questioned in a court of law, it said.