Allahabad: The Allahabad High Court today said instant divorce or 'triple talaq' is cruel and the most demeaning form of divorce practised by the...
Allahabad: The Allahabad High Court today said instant divorce or 'triple talaq' is cruel and the most demeaning form of divorce practised by the Muslim community at large and personal laws of any community cannot claim supremacy over the rights granted to individuals by the Constitution.
The court said the triple talaq though has been deprecated and has not been followed by all sects of Muslim community in the country, however, women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quran.
A single bench of Justice Suneet Kumar, dismissing the petitions of one Hina and another as the Supreme Court is seized of the matter, said the purpose of law in a modern secular State based upon the Constitution is to bring about social change.
"The Muslim community comprise a large percentage of Indian population, therefore, a large section of citizen, in particularly women, cannot be left to themselves to be governed by archaic customs and social practice under the garb of personal law purportedly having divine sanction.
The women of the community continue to suffer bias, deprived of the protection, they should otherwise get through provisions in the Constitution that provide for equality and non discrimination," the court commented.