Triple talaq is cruel, must be banned

The Allahabad High Court’s ruling that triple talaq is unconstitutional and violative of the rights of Muslim women is yet another confirmation of the illegality and unjustness of this controversial method of divorce. Triple talaq is a method used by some men of the community for instant and arbitrary divorce of women. It is not the first time triple talaq is being subjected to judicial scrutiny. The Supreme Court has, in the past, criticised it in the Shamim Ara case, and high courts have held that it is illegal. But the matter has not been finally settled and the Supreme Court is now considering the matter. A comprehensive and final verdict on the matter by the Supreme Court is awaited. The clear verdict by the Allahabad High Court will hopefully aid the apex court in that. In the Shamim Ara case, the court had quoted from high court judgements which had disfavoured the practice of triple talaq.

The wrong and unjust nature of triple talaq should be clear to anyone. It has been used to divorce women even through SMS. It is against the principle of equality which is a basic right granted to citizens by the Constitution. It is also against the norms of natural and gender justice which are basic to democracy. There is no need for expertise in the Constitution and the law to know this. The Allahabad High Court has also observed that no personal law board is above the Constitution and that the constitutional rights of individuals override personal laws if there is a conflict between the two. Personal laws and the demand for a Uniform Civil Code are unnecessarily mixed up with the issue of triple talaq. Many people who oppose the idea of a Uniform Civil Code agree that triple talaq is a wrong and unjust practice and should be done away with.

It is the backward-looking and conservative elements in the Muslim community which defend and support triple talaq. The All India Muslim Personal Law Board (AIMPLB) presented the most absurd arguments in support of triple talaq in the Supreme Court. It claimed that quick divorce is better than killing a wife. It is the entrenched bias in favour of the power and domination of men and the refusal to accept the freedom and independence of women that makes the AIMPLB and some others support triple talaq. Religion has nothing to do with it. A number of Muslim countries have outlawed it. Some of the petitioners who have sought a ban on the practice are Muslim women. The Allahabad High Court judgement should give confidence and hope to them and others.