TRIPLE TALAQ

“It takes one pleasant gesture to make someone’s day and only three words to destroy someone’s life.

TALAQ. TALAQ. TALAQ.”

Triple talaq actually known as it allows a husband to divorce his wife by repeating the word “talaq” (divorce) three times in any form, including email or text message. Under the Muslim law, Triple Talaq actually meant that the liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word ‘talaq’ three times, ends up his marriage. This instant divorce is named Triple Talaq, also referred to as ‘talaq-e-biddat.

What is triple talaq law?

Triple talaq also known as Muslim women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as law on 30th July , 2019, to make instant Triple Talaq as a criminal offence. The Rajya Sabha passed the Bill, with 99 votes in their favour and 84 were against it. The Triple Talaq law makes the instant triple talaq a criminal offence and provides for a imprisonment for three years for a Muslim man who commits this type of crime. The law also makes Triple Talaq a non-bailable offence. It was also introduced in Lok Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill replaced an Ordinance promulgated on February 21, 2019. As the Bill was pending for consideration within the Rajya Sabha and therefore the practice of Triple Talaq divorce system was continuing, there was an urgent got to take immediate action to stop such a practice by making strict provisions in law.

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TRIPLE TALAQ BILL

Of lately, there has been much noise against the practice of Triple Talaq by the male population of Islamic culture. Triple Talaq has been seen as the dominance of men over women. It goes against the rights of Equality and women’s empowerment among Muslim women population of the country.

This method of Divorce doesn’t stand with the elemental principles of Gender Equality and secularism. It puts an issue on the dignity of woman, justice and basic human rights privilege of Muslim women within the country.

When Prime Minister Narendra Modi started a campaign for Uttar Pradesh State Elections in 2017, Muslim women raise their voice and concerns to abolish Triple Talaq. And the then central Government started finding an answer to the issues of such women.

In August 2017, Supreme Court of India has termed Triple Talaq as unconstitutional and many social, religious and legal observations have been produced against the practice of Triple Talaq.

Based on the atrocities faced by Indian women and judgment given by Supreme Court, Triple Talaq Bill has been introduced in the Indian Parliament to void the practices of triple talaq by Indian Muslim men and a bill was passed in parliament in Dec’2018 and finally passed by both the Houses on 30th July 2019.

From 01st August 2019, it’s become a law which declares that Triple Talaq divorce given within the sort of verbal, oral, written and digital or any form, whatsoever, deems to be void henceforth and it is illegal to practice.

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Besides, the Bill entitles declaration of Talaq as a cognizable and non-bail able offense. A husband declaring talaq may be imprisoned for up to three years along with a fine. In terms of allowance, a Muslim woman is additionally entitled to hunt allowance from her husband for herself and for her dependent children.

CHALLENGES IN BANNING TRIPLE TALAQ

  • Religious groups infer the banning of a traditional practice sanctified by Sharia as interfering in the religious aspects of minorities.
  • The courts should decide two things basically:
  • Whether personal law can be subject to the constitution or not
  • How to view the relationship between triple talaq and Muslim personal law.

Past rulings:

  • In the Shah Bano case in 1985, the SC granted Shah Bano, a 62-year old woman the right to alimony from her husband.
  • But in 1986, the government passed the Muslim Women (Protection of Rights on Divorce) Act which diluted the positive impact created by the Shah Bano case.
  • In 2001, in the Danial Latifi & Anr versus Union of India case, the SC upheld the validity of the Shah Bano judgement.
  • In August 2017, a five-judge bench of the SC declared the triple talaq as unconstitutional in a majority 3:2 judgement. This was the culmination of a petition filed by Shayara Bano, whose husband of 15 years had divorced her through a letter where he pronounced talaq 3 times , to declare the divorce as void.

Conclusion

Getting respect may be a fundamental right of each individual. One of the foremost important conclusions to be drawn through the abolishing of the Triple Talaq Bill is that no Muslim will face such discrimination and injustice in their life in future.

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The practice of Triple Talaq has always been seen as an issue by the whole world, but there are a serious of Muslim countries like Saudi Arabia , Pakistan, Indonesia, Turkey who has discontinued the practice of Triple Talaq, an extended time ago. Importance and role of Muslim clerics are vital within the implementation of the Triple Talaq Bill.

Author: KRISH BHATIA,
CHANDIGARH UNIVERSITY 1 YEAR BALLB

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