Under the guise of religion, there are numerous social practices that represent social injustices. Since most “religionists” have been men, it represented the gender prejudices of the time. During the British administration, the effort to change regressive practices also got underway.
Reformers abolished customs such as child marriage and Sati. The conservative wing of the community objected to these changes and demanded that they be kept in place for the “defense” of religion. A growing grassroots movement within the community aims to eradicate triple talaq.
Triple Talaq: What is it?
Within the Muslim community, there exists a custom of immediate divorce, whereby the mere act of pronouncing the word “TALAAQ” three times concedes the right to end the matrimonial relationship in favor of the male partner. The unjust practice ignores the complexities of human nature, which are characterized by impulsive, intense feelings that explode in the midst of the moment and occasionally provide an easy way out to satisfy their desire for polygamy.
Triple Talaq: Effects on Muslim Women
- Triple Talaq was understood to mean that men dominated women. It opposes equal rights and women’s independence for the country’s Muslim female population.
- The Triple talaq procedure violates essential concepts such as gender equality and secularism.
It questions women’s dignity, fairness, and the fundamental rights and privileges of Muslim women in the country, labeling the crime as an obvious and inexcusable offense.
Triple Talaq: Landmark Decision of Shayara Bano Case
In the case of Shayara Bano v Union of India, which is a landmark judgment on enhancing the rights of the Muslim women is discussed by every RJS Coaching institute, a five-judge Supreme Court bench declared that the Muslim community’s practice of rapid triple talaq is illegal. The bench disapproved of the custom by a majority vote of 3: 2.
According to three judges on the bench:
- Triple talaq ought to be abolished since it is unconstitutional and unacceptable.
- They claimed that triple talaq was recognized and implemented by the Muslim Personal Law (Shariat) Application Act of 1937, and as such, it should be regarded as a statutory law rather than a personal law. Thus, it is covered under Article 13(1) of the Constitution of India.
- Any law, whether written prior to or following the Constitution, must not violate fundamental rights under the virtue of Article 13.
- Article 25(1) of the Constitution was not followed by Triple Talaq, which is clearly arbitrary and violates Article 14 of the Constitution of India.
According to two judges on the bench:
- Because triple talaq is an integral part of Muslim personal law, two judges decided that it had the same status as fundamental rights.
- They supported stopping the practice for six months so that Parliament could pass legislation about it.
- They requested political parties to put aside their disagreements and draft new legislation on the practice that takes Sharia law and Muslim organizations’ concerns into account.
Triple Talaq (Protection of Marriage Rights) Act 2019
It is an Indian Parliament Act that outlaws triple talaq. The Supreme Court declared the triple talaq, which allows Muslim men to swiftly divorce their wives, to be illegal in August 2017.
The minority opinion holds that Parliament ought to consider enacting appropriate laws to protect Muslims against triple talaq. In December 2017, the government introduced a law protecting women’s rights at marriage, drawing on Indian triple talaq cases and a Supreme Court ruling.
According to different RJS Coaching, this Act states that:
- A Muslim husband’s declaration of talaq to his spouse, whether expressed verbally, in writing, electronically, or through any other medium, is illegal and void.
- Any Muslim husband who issues the talaq to his spouse bears a fine and a maximum of three years of imprisonment.
- A married woman on whom talaq has been pronounced has the right to receive from her husband a specified amount of assistance for her and the kids, as defined by the judiciary.
- A married woman has the right to custody of her little ones if her husband issues talaq, as determined by the magistrate.
An offense punishable by this law may be composed under the conditions set forth by the magistrate in the case of a married Muslim woman on whom talaq is pronounced with his consent; An offense punishable by this law is known if information about its commission is given to a police officer by the married Muslim woman on whom talaq was pronounced, or by any person related to her by blood or marriage.
Conclusion
The expert teachers in the RJS Coaching classes conclude that declaring Triple Talaq unconstitutional is a step toward creating a Uniform Civil Code, but making it a crime goes against the spirit of the fundamental rights, which include the freedom of religion as stated in Article 25 and Article 26 of the Constitution of India.
Even after 72 years of independence, triple talaq has resulted in the subjection of Muslim women; yet, coexistence rather than compulsion is the solution.
