The personal laws of any community cannot claim supremacy over the rights granted to the individuals by the Constitution
Smt Hina And Another vs State Of UP And 2 Others
WRIT C No. 51421 of 2016
About/from the judgment:
Muslim Personal Law
The personal laws of any community cannot claim supremacy over the rights granted to the individuals by the Constitution.
India is a nation in the making, geographical boundaries alone do not define a nation. It is to be adjudged, amongst others, on the parameter of overall human development and how the society in particular treat their women; leaving such a large population to the whims & fancy of personal law which perpetuate gender inequality and is regressive, is not in the interest of society and the country. It impedes and drags India from becoming a nation. The instant divorce (Triple Talaq) though has been deprecated and not followed by all sects of muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the muslim community at large. Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quoran. Personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution.
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