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Allahabad High Court calls triple talaq among Muslims as unconstitutional

Calling the practice of triple talaq among Muslims ‘unconstitutional’, the Allahabad High Court on Thursday said that it violated the rights of Muslim women, reported ANI. “Triple talaq is unconstitutional. No Personal Law Board is above the Constitution,” the court said.

A debate has emerged over the government’s stand opposing the practice of triple talaq with some leading women politicians seeking its abolition, even as some Muslim bodies accused the ruling dispensation of waging a “war” on their personal law.

Last month, in a first, the All India Muslim Personal Law Board decided to form a women’s wing to look into burning issues such as talaq, even as it passed a resolution in favour of triple talaq.

On December 2, prominent Islamic organisation Jamiat Ulema-i-Hind had told the Supreme Court there was no scope for interference with the Muslim Personal Law in which triple talaq, ‘nikah halala’ and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

All India Muslim Personal Law Board had rubbished the stand taken by the Centre that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Indian Constitution.

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