A day after the Allahabad High Court condemned the controversial practice of Triple Talaq while terming it a violation of women's rights, the Centre on Wednesday called for reform while saying that constitutional law is above all.
"The nation runs by constitutional laws. Constitution protects every citizen within its framework. The Prime Minister also said Triple Talaq issue is connected to reform and so reforms should be made. Reforms have always been made time and again," Union Minister Mukhtar Abbas Naqvi told ANI.
Naqvi launched a scathing at political leaders for politicizing the issue of Triple Talaq while saying that the matter should not be seen with the perspective of religion but 'reform'.
"Triple Talaq issue is not a matter of communalism. It should not be seen with the perspective of religion but reform. Those who are trying to give it a communal angle, they should understand that improvement is necessary for the society," the Union Minister said.
The Allahabad High Court yesterday reacted strongly to the Triple Talaq, saying the rights of any person including Muslim women cannot be violated in the name of 'personal law'.
The court further said the basic and human rights cannot be exploited on the basis of gender.
"A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights," the court observed.
The court also said that personal law may be applicable only within the purview of the Constitution adding that fatwa, which is contrary to the justice system is not valid.
"No fatwa can be contrary to someone's rights," the court said.
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.
The Supreme Court referred the Triple Talaq issue to a Constitution bench, which will hear the matter on May 11.
A five-member bench will be constituted by the top court to hear the matter.
The apex court will be hearing a clutch of petitions demanding a ban on the triple talaq practice.