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Triple Talaq – A Detailed Study


Authored by - Aman Porwal

Keywords - Divorce, Muslim Law Divorce, Triple Talaq, Shayara Bano, Triple Talaq Bill


Abstract:


Fight for Right, these three words are the source of Triple Talaq Case. A legendary dispute fought by Mrs. Shayara Bano for her right to equality. Shayara bano and many women have similar kind of stories fighting for their rights with the society, religion, and above all from Constitution.


Introduction:


Triple Talaq is one of the most controversial and discussed topic in the recent times, It is a journey of Shayara Bano who advocated for her rights. She fought for women rights, equality, liberty and status of women in the society. In Islam Triple talaq means “talaq-e- biddat” which can be simply referred as instant divorce. In this case, any Muslim man can instantly divorce his wife by saying one word thrice, that is, “talaq talaq talaq” which is considered as valid form of divorce in Islam.


Facts of this Case:


Shayara Bano was married to her husband Mr. Rizwan Ahmad from past 15 years. In 2016, Mr. Rizwan Ahmad, husband of Mrs. Shayara Bano gave her divorce by “talaq-e-biddat”. She filled a writ petition regarding the same in the Supreme Court of India under Article 32. That writ petition was filed on the grounds of violation of fundamental rights provided by the Constitution under Article 142, Article 15(1), Article 21 & Article 25. In addition to this, it is also stated in the petition that this ritual is unconstitutional & violates the rights of women. Furthermore, there were three Islam practices also mentioned that needed to be stopped, “talaq-e-biddat”, polygamy, Nikah-halala. As per Islam, talaq-e-biddat is a form of divorce in which a man has to say talaq word thrice continuously and it will be considered as divorce in Islam (no consent of the women is needed). Polygamy basically means a husband having more than one wife at the same time which is allowed in Islam. Here, Nikah-halala is a process in which the divorced woman will have to marry other men before marrying to the same men to whom she divorced. In this case not only the victim but also many other Social working groups & non-governmental organizations (NGOs) were involved such as Bebaak Collective & Bhartiya Mahila Muslim to fight the battle. Four other petitions34 were also heard along with Shayara Bano's petition. All India Muslim personal law board argued to the Supreme Court that these constitutional provisions will not apply to Muslim laws prevailing in the society.


Issues:


In this case, there is only one issue that arises; whether this Islamic practice was constitutional or not?


Judgement:

On 30th of March 2017 apex court formed a 5-judge constitutional bench to deal with this matter.


On 22nd of August 2020 the five Judge Constitutional Bench has delivered its verdict with the majority of 3:2 in favour of Mrs. Shayara bano & ors. by considering such a practice as unconstitutional and a blatant violation of fundamental rights.


This verdict got so much appreciation from the people of India. The main stream media played a vital role in spreading and upholding the judgement of the Apex Court by conducting debates, live shows and also by means of awareness campaigns to the people by several NGOs and women rights activists. It was a legendary landmark case in which a woman had fought against her age old traditions and culture which continued to discriminate women in the contemporary world.


Muslim Women (Protection of Rights on Marriage) Act, 2019


On 21st of June 2019, Minister of Law and Justice Mr. Ravi Shankar Prasad presented a bill in the lower house of parliament (Lok Sabha) for the protection of rights of Muslim women in marriage as per the judgement of Triple Talaq case. This is not the first time such a bill was presented. A bill regarding the same was also presented months before this one (21st of Feburary 2019). After almost a month later, on 30th July 2019 it was passed from both the houses and sent for the assent of President. However, this bill took a lot of criticism from many political oppositions specially from Mr. Asaduddin Owaisi of AIMIM, who condemned this bill on the grounds of violation of men’s rights offered by Islam.


This bill is also widely referred as Triple Talaq bill. This bill considers Triple Talaq as a cognizable offence & non-bailable offence (bail will be granted only as per discretion of magistrate), imprisonment of upto 3 years and a fine can be imposed on such criminals who resort to this repealed form of divorce.


Conclusion:


This Bill got widely appreciated and was accepted in India. It also set an example of gender justice and equality. From time immemorial, women are facing this issue, but in the earlier times would not be heard. This Triple Talaq bill is considered to be as one of the historic decisions of Government of India.

1. Writ Petition (C) No. 118 of 2016

2. Suo Motu Writ (C) No. 2 of 2015

3. Writ Petition(C) No. 288 of 2016

4. Writ Petition(C) No. 327 of 2016


References:


1.https://www.scobserver.in/court-case/triple-talaq-case 2.https://5thvoice.news/legalnews/NzIzMA==/Shayara-Bano-v-Union-of-India-Case-Analysis 3. https://www.prsindia.org/billtrack/muslim-women-protection-rights-marriage-bill-2019



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