Challenging the constitutional validity of the controversial ‘triple talaq’, which is prevalent in India’s Muslim community, a Muslim woman asked the Supreme Court in a petition if this law deprives the wife of her rights in the matrimonial home and custody of her children.
According to a Times of India report, the apex body agreed to hear the writ petition filed by Ishrat Jahan, who belongs to Howrah, on Friday. The petition was filed through advocate VK Biju, who mentioned it before a bench of Justices AR Dave and L Nageswara Rao.
As the Supreme Court started observing the effect of triple talaq on the rights of Muslim women, victims of the arbitrary divorce system like Shayara Banu and many others questioned the validity of the Muslim personal law practice.
However, All India Muslim Personal Law Board (AIMPLB) supported the triple talaq system and said that the decision on its validity doesn’t fall under the court’s jurisdiction.
Ishrat Jahan, in her petition, sought a declaration from the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional as it infringed fundamental rights guaranteed under Article 14 (equality), Article 15 (non-discrimination), Article 21 (life) and Article 25 (religion) of the Constitution.
The same question was also raised by triple talaq victim Shayara Banu from Uttarakhand and other Muslim women, and Rashtrawadi Muslim Mahila Sangh through its president Farah Faiz.
Jahan further question the apex body that while the Article 21 of the Constitution guaranteed every citizen a right to life with dignity, is it fair that a woman, divorced through arbitrary and unilateral triple talaq, be thrown out and lose her rights on her matrimonial home.
Ishrat told the court that despite her husband divorcing her through triple talaq, she continued to live in her matrimonial home where her life is at risk.
She said that her four children were forcibly taken away from her and she didn’t know their whereabouts.
“The petitioner does not have any support as her parents are residing in Bihar. She is surviving with her sister's help. The police are also not making any effort to trace her children,” Times of India quoted the petition filed in the Supreme Court.