Triple Talaq in India

Triple talaq is a dissolution of a Muslim marriage in which a Muslim man could give his wife a divorce just by saying or pronouncing talaq three times and just by saying talaq three times the marriage ends and this instant divorce and Muslim man does not need to give any specific reason in order to file for this divorce and also doesn’t need any legal documents. It is also known as Talaq-e-Biddat. And if the wife wants to marry her former husband again then the only way was for the wife is to marry someone else first and then get a divorce, maintain the iddat period and then remarry the former husband and this practice known as Nikah Halala.

This Triple Talaq is considered to be discriminatory against Muslim women Talaq was given on Whatsapp, telegram or through a postal letter on a phone call and ultimately there’s absolutely no scope for reconciliation as well as arbitration but this form of Talaq is banned in predominantly Muslim countries like Egypt, Bangladesh, Indonesia and many gulf countries as well.

Triple Talaq Bill

In 2017 Shayara Bano along with four other Muslim women who were subjected to this instant Triple Talaq approached the supreme court that this Triple Talaq or Talaq-e-biddat should be declared unconstitutional because it violate their fundamental rights Supreme Court accept this plea and the supreme court set up a situation bench of five-judge to decide whether triple talaq should be banned, whether it should be declared unconstitutional or not. On 22 august 2017 Supreme court declared Triple Talaq to be unconstitutional. Three judges from the bench of five-judge agree that the Triple Talaq practice is unconstitutional but the other two judges declared the triple talaq practice to be constitutional.

In 2017 government introduced the Muslim Women (Protection of Rights on Marriage) bill and it proposed to make Triple Talaq in any form written, oral or through electronic means illegal. The bill was passed by the Lok Sabha in 2017 but was blocked by the opposition in the Rajya Sabha.

In 2019 Muslim Women (Protection of Rights on Marriage) bill was reintroduced and passed by both Lok Sabha and Rajya Sabha and President has given assent to the bill and made it a punishable offence.

Punishment for Triple Talaq

If any Muslim husband pronounces talaq three-time (Instant Triple Talaq) on his wife then he will be punished with imprisonment of three years and a fine to the husband who practised Instant Triple Talaq.

Muslim women upon whom triple talaq is pronounced will be granted the custody of children and subsistence allowance to be paid by the husband. Muslim women now have legal protection against the whimsical and irrational pronouncement of Triple Talaq.

Suggestions

Triple Talaq is considered to be discriminatory against Muslim women and it violates their fundamental rights. Just by uttering talaq, three times marriage ends and Muslim men don’t have to give any specific reason for that it’s obviously discrimination against Muslim women. And to abolish this practice completely first our society should stand together against this practice and should not treat women unequally. Secondly, the government should look after this practice and make more strict laws on this practice. Also according to to study 92% of Muslim women in India wanted Triple Talaq to be banned. And women should be aware of their rights so that they can defend themselves against injustice and gender inequality.

Conclusion

So Talaq means divorce in the Arabic language and Triple Talaq means instant divorce under Islam which is only pronounced by Muslim men. This was a very old custom followed by Muslims for years which was violative of the fundamental provisions for Muslim women. So, keeping in this view that it’s violative of basic or fundamental rights of women the changes in law bring out there. Now in our dynamic society, there is the latest rule which truly encouraged the rights of women. The court has given incentive opinion over the Muslim personnel in the society. The denial of Triple Talaq will deny discrimination and injustice from Muslim women’s lives in the near future. We also came to see that society also come forward against this social evil to abolish this practice at the social level. The mindset of a male-dominated society is changing among people nowadays. Women’s empowerment is very essential for the progress of the particular nation.

This article was written by Muskan Rana from Lovely Professional University– Student BALLB (Hons) Year: 2nd, 3rd semester.

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