Study Material | Test Series | Crash Course
Drishti IAS
call1800-121-6260 / 011-47532596
Drishti The Vision Foundation
(A unit of VDK Eduventures Pvt. Ltd.)
Current Affairs Crash Course Download Player Download Android App
Q. Personal laws and constitutional validity: Why personal laws of religions should be in conformity with the Constitutional provisions. Discuss the context of triple talaq issue.
Oct 19, 2016 Related to : GS paper-2

Ans :

Introduction-

Last year Supreme Court of India has suo motto registered public interest litigation titled as ‘Muslim women’s quest for equality,’ on the gender discrimination women face under the Muslim personal law. To test the validity of triple talaq, the court has sought opinion of various sections of the society including government.

Issue of constitutional validity of personal laws-

  • Article 25 of the Indian Constitution seeks to preserve the freedom to practise and propagate any religion in India.
  • Though constitution guarantees freedom to religious practices, but personal laws should be in conformity with the Constitution.
  • If any practice of personal laws goes against the concepts of equality and dignity, which are fundamental rights, then there is need of careful evaluation.
  •  Practices of personal laws must be tested on touchstone of Constitution, if these violate the constitutional principles, then such practices must be declared as null and void.

In case of triple talaq-

  • Currently the practices like triple talq, polygamy practiced in Muslim community are under adjudication, to test its constitutional validity.
  • All India Muslim Law Board has arguing that personal laws of religions should be beyond the scope of judicial review, and that they are not subject to the Constitution.
  • But such argument is abhorrent, and reflects the patriarchal notions entrenched in conservative sections of society.
  • Practices like triple talaq, polygamy have adverse impact on the right of women to a life of dignity.
  • Hence constitutional protection given to religious practices should not extend to those practices that are not in compliance with fundamental rights.

Conclusion-
The constitution of India grants both fundamental rights and religious freedom to all citizens. But the broad principles enshrined in the constitution should not be violated in the name of religious personal law. The personal laws should in compliance with constitution, else it must declare as illegal. Triple talaq and polygamy practices are outright violation of constitution, these practices adversely impacts on dignity of women life, hence such practices must be declared as illegal. In a democracy constitution is supreme, hence we must uphold the principles of constitution.


Helpline Number : 87501 87501
To Subscribe Newsletter and Get Updates.