• Women face bias, triple talaq very cruel: Allahabad HC

    December 09, 2016

    Fuelling the raging debate on whether constitutional guarantees extend to Muslim women, the Allahabad high court has said that triple talaq or the practice of Muslim men getting an instant divorce by saying "talaq" three times is "cruel".

    Making an observation while dismissing a petition on November 5, Justice Suneet Kumar said the view that "the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce" does not tie in with Islamic laws.

    These observations were made public on Thursday. Kumar said that personal laws of any community cannot claim supremacy over the rights granted to the individuals by the Constitution that provides for equality and non-discrimination.

    "Women cannot remain at the mercy of the patriarchal set-up...under the clutches of sundry clerics having their own interpretation of the holy Quran. Triple talaq has been deprecated and not followed by all sects of Muslim community in the country," the court said, adding that Muslim women "continue to suffer bias".


    Triple talaq has been, in our eyes, unconstitutional from the day it was brought in for public discussion. While many countries have already banned it, we remain one of the few to uphold it. This gives the Muslim men unconstitutional advantage and a very cruel bias against the Muslim women. One uniform law code for every citizen is a must. That is the true sense of a sovereign nation and equality for all.

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