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CHENNAI, INDIA, December 30, 2002: In a significant ruling, the Chennai high court on Friday said that Personal Laws cannot be declared void, since they do not come under the ambit of the Constitution. The ruling came when a division bench, comprising Justice R. Jayasimha Babu and Justice G. Padmanabhan, dismissed a petition by a Muslim divorcee, Parveen Akhtar, who sought to declare the Talaq-ul-biddat, a form of divorce followed by the Muslim community, “void and unconstitutional.” The petitioner contended that the Koran did not provide for Talaq-ul-biddat, under which one can seek divorce by pronouncing talaq (“divorce”) in the presence of two witnesses. Solicitor General B. G. Gopalan, appearing on the behalf of The Union ministry of law and justice, one of the respondents, argued that Section two of the Muslim Personal Law [Shariat] Application Act of 1937 does not come under the purview of the Constitution. Some Muslim organizations also told the court not to interfere in personal laws. HPI adds: Personal laws govern marriage, divorce, inheritance, adoption and related family issues. In India, each religious community has its own personal laws. In other countries, such as the USA, there is a one common civil code applicable to everyone on these matters. The existence of these separate personal laws, which is contrary to the concept of a secular state, is a perennial issue in India, especially with regard to women’s rights.

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