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Allahabad High Court Takes Strong Stand on Triple Talaq and Halala: ‘Crimes Cannot Be Justified Under the Guise of Religious Practices’

“‘Crimes cannot be justified under the guise of religious practices.’ The Allahabad High Court makes strong observations on triple talaq and halala, emphasizing that women’s dignity, constitutional rights, and the rule of law must always prevail.-Representational Image ( Credit -channel24india.com)

Court observes that no religious custom can override a woman’s fundamental rights, dignity, or the rule of law.

Prayagraj: The Allahabad High Court has made significant observations on the sensitive issues of triple talaq and halala, stating that crimes cannot be justified under the guise of religious practices. The court emphasized that any act committed against a woman in violation of her consent or the law cannot be defended merely by invoking religious customs.

The remarks came during the hearing of a petition challenging criminal proceedings arising from allegations related to triple talaq and halala. During the proceedings, the court observed that the Constitution of India guarantees every citizen the rights to equality, dignity, and personal liberty. Therefore, if a woman’s rights are violated or a criminal offence is committed in the name of a religious practice, the law must take its course.

The High Court further noted that while the Constitution protects the right to freedom of religion, this right is not absolute. Religious freedom cannot be used as a shield to conceal or legitimize criminal acts. Whenever a religious practice is allegedly used to justify conduct that amounts to an offence under the law, courts are duty-bound to intervene.

The court’s observations come at a time when issues concerning women’s rights, gender equality, and personal dignity continue to be the subject of public and legal debate. The bench indicated that while the judiciary respects religious traditions, it also has a constitutional obligation to ensure that no individual’s fundamental rights are compromised in their name.

It is pertinent to note that in 2019, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, which declared the practice of instant triple talaq (talaq-e-biddat) illegal and punishable under law. Despite this legislative change, courts continue to hear cases involving legal questions surrounding triple talaq and halala.

Legal experts believe the High Court’s latest observations reinforce the principle that no religious or social practice can supersede the Constitution or justify criminal conduct. They view the remarks as a reminder that the protection of women’s dignity, safety, and constitutional rights remains paramount under Indian law.

The matter will continue to be heard as the court considers the submissions of the parties involved. For now, the High Court’s observations underline the judiciary’s approach of balancing religious freedom with the protection of fundamental rights, while reaffirming that the rule of law remains supreme.

Note— We are Publishing this report, clearly distinguish between the court’s observations made during the hearing and its final judicial order. Unless a final judgment has been delivered, the observations should not be presented as the court’s conclusive ruling.

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  • Kumar Bahukhandi

    Kumar has written mostly short stories and on human behavior that changed the day to day course of the people who engineered them. He says I am always myself... I just hate being someone else...It's so fake and unreal..."!!I have an everyday religion that works for me. Love yourself first, and everything else falls into line...... I am just a next door person A friend of friends, A Journalist ,who respects every person regardless of his/her stature (but yes, disregards cunning and selfish people).Learnt to get in touch with the silence within myself and knew that everything in life has a purpose. A very simple, Introvert person who believe in "Simple Living and High Thinking", trusts in Modesty. Very truthful to self basic instincts, work, hobbies and family. I Always Listen and Obey what my heart, my inner voice, my soul tells me. I prefer to be true to myself, even at the hazard of incurring the ridicule of others.

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