Case Law Details
(i) A society that does not respect its women, cannot be treated to be civilised. It is the need of the present day that people are made aware that it is obligatory to treat the women with respect and dignity so that humanism in its conceptual essentiality remains alive.
(ii) All citizens including Muslim women have fundamental rights under Articles 14, 15 and 21 of the Constitution. Under the garb of Personal Law, individual or collective rights of the citizens protected by Part III of the Constitution may not be infringed.
(iii) All forms of discrimination on the ground of gender is violative of fundamental freedoms and human rights. The human rights of women and of girls are an inalianable, integral and indivisible part of universal human rights.
(iv) Talaq by a Muslim husband to his wife cannot be made in a manner which may infringe her fundamental rights guaranteed under Article 14 and 21 of part III of the Constitution.
(v) The personal law operates under the authority of legislation subject to constitutional limitation, and not under the religion. The personal law can always be superseded by legislation.
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