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Triple Talaq: A critical Analysis

Since a Muslim man can end years of marriage by saying the word "talaq" (divorce) only three times and doing it unfairly, Muslim women in India have lived in continual terror of being expelled from their marital house in no time.

The Triple Talaq Act, also known as the Marriage Rights Protection Act, was approved by the Indian Parliament on July 30, 2019, making triple talaq an offense right away. Triple talaq is now a recognized and unlawful conduct thanks to the law. Due to the ongoing interruption of Upper House processes by the policies of some parties, Ravi Shankar Prasad, Minister of Law and Justice, submitted the bill in the Lok Sabha on June 21, 2019, to replace an ordinance passed on February 21, 2019.

Due to the continued use of the triple talaq divorce system, it is important to take action now to stop it through severe legal constraints. The Triple Talaq has been declared unlawful by the Supreme Court because it breaches women's rights, the idea of equality as a fundamental right guaranteed by the Constitution, and because it is not inherent to Indian Islam.

Introduction
A Muslim can legally divorce his wife by speaking the Arabic word for divorce, talaq, three times. This process is known as talaq-e-biddat or triple talaq. The announcement may be given orally, in writing, or, more lately, electronically through the use of social media, SMS, email, or other electronic communication channels. The lady was not required to be present at the announcement of the divorce, and the man was not required to provide a reason.

One of the 1,300-year-old practices among Muslims, particularly Sunni Muslims, is divorce. According to the 2011 census, approximately 8% of Indians, mainly women over 60, are affected by this practice of divorce. Muslims in India have a personal right to divorce, which is permitted under Sharia (Islamic law). There are numerous kinds of talaq for men and women, according to Islamic law.

According to Islamic law, there are three different types of divorce available to men: talaq-e-biddat (triple talaq), Hasan, and Ahsan. The primary distinction between these three divorces is that the Triple Talaq divorce is final, whilst the other two divorces are revocable. While the other two require waiting and are not instant, triple talaq results in an immediate divorce.

A woman may divorce her spouse with the consent of her husband or with a judge's approval under the traditional fiqh law known as the khula for women. Additionally, it is mentioned in the Holy Quran or Hadis also referred to as the Prophet Muhammad's sayings.

The male population of Islamic culture has recently made a lot of noise about the practice of Triple Talaq. Triple Talaq was interpreted as male dominance of females. It opposes women's independence and equal rights among the Muslim female population of the nation.

Gender equality and secularism are important principles that are violated by this divorce procedure. It calls the crime that resulted in the passage of the law in 2016 a clear and unjustifiable offense and calls into question the dignity of women, justice, and the fundamental human rights privileges of Muslim women in the nation.

A Muslim lady who has experienced this practice, Ms. Shayara Bano, has petitioned the Supreme Court in writing to deem three practices, including polygamy, nikah-halala, and talaq-e-biddat, unconstitutional since they contradict Articles 14, 15, 21, and 25 of the Constitution.

The court asked Shayara Bano, the Union of India, several women's rights groups, and the All India Muslim Personal Law Board (AIMPLB) to submit written comments on the issues of polygamy, nikah-halala, and talaq-e-bidat by February 16, 2017.

The Indian Union backed Ms. Bano's claim that the practices were unlawful, as did women's rights groups like Bebaak Collective and Bhartiya Muslim Mahila Andolan (BMMA).

The AIMPLB claimed that uncodified Muslim personal law is exempt from constitutional oversight and that Article 25 of the Constitution protects these vital Islamic traditions.

Following the acceptance of Shayara Bano's petition, the Supreme Court appointed a constitutional bench of five judges on March 30, 2017, the first hearing took place on May 11, 2017, and on August 22, 2017, the 5th Chamber announced its decision in the Triple Talaq case, declaring the practice to be unconstitutional by a majority of three to two. The Supreme Court held that the said divorce practice is patently arbitrary, in that the marital bond can be broken arbitrarily and capriciously, and that the marriage.

The Supreme Court invalidated the divorce procedure on August 22, 2017, ruling that the immediate triple talaq violated Article 14 of the Constitution. The government's argument that talaq-e-biddat contradicts constitutional morality, women's dignity, and gender equality principles as well as the equality granted by the Indian Constitution was maintained by the Supreme Court decision.

Because there was no law to punish those who continued to practice "triple talaq" and to provide remedies for victims of this practice, the practice persisted even after the Supreme Court declared it to be unconstitutional. It, therefore, appeared necessary to enact legislation to effectively implement the Supreme Court's ruling.

The Protection of Muslim Women's Marriage Rights Ordinance 2018 and two further rules were released on September 19, 2018, and they both took effect immediately to implement the Supreme Court's ruling. The Protection of Marriage Rights of Muslim Women Act 2019 was approved by both the Lok Sabha and the Rajya Sabha on July 25, and July 30, respectively. The law on the protection of Muslim women's marriage rights, which was approved by the President of India, entered into force retrospectively on September 19, 2018, carrying on the first regulation passed.

Critical Analysis
The Triple Talaq (Protection of Marriage Rights) Act 2019 is an Act of the Indian Parliament that makes triple talaq illegal. The triple talaq, which permits Muslim men to quickly divorce their wives, was ruled unlawful by the Indian Supreme Court in August 2017.

According to the minority viewpoint, Parliament should take into account adequate legislation for triple talaq in the Muslim community. The law on the protection of women's rights at marriage was introduced by the government in December 2017, referencing the Supreme Court decision and triple talaq instances in India.

The Lok Sabha passed the law on December 27, 2018, and the opposition in the Rajya Sabha urged that it be referred to the Parliamentary Standing Committee. An ordinance to implement the law expired on January 22, 2019, as it was not passed during the parliamentary session.

On January 10, 2019, the government released a revised version of a bill that had previously been accepted by the Rajya Sabha but had been stalled in the Lok Sabha. When the parliamentary session in April 2019 was prorogued indefinitely, the law fell out of effect once more.

Six weeks after the beginning of the parliamentary session that followed India's 2019 general election, on August 29, 2019, the Muslim Women (Protection of Marriage Rights) Ordinance was set to expire.

On June 21, 2019, the government then introduced a new law in the Lok Sabha. On July 25, 2019, the Lok Sabha and the Rajya Sabha both passed the law.

On July 31, 2019, President Ram Nath Kovind gave his approval to the bill, and that same day, it was published in the Official Gazette. The regulation is effective as of September 19, 2018, backward.

The statute states that:
  • Any talaq declaration made by a Muslim husband to his wife, whether in writing, verbal communication, electronic format, or by any other means, is invalid and unlawful.
  • Any Muslim husband who gives his wife the decree of talaq shall be subject to a fine and a sentence of up to three years in prison.
  • The right to receive from her husband a certain amount of support for both her and her children, as defined by the judiciary, belongs to a married Muslim woman on whom talaq has been pronounced.
  • If her husband issues talaq, a married Muslim woman has the right to custody of her minor children, as assessed by the magistrate.
An offense punishable under this law may, in the case of a married Muslim woman on whom talaq is pronounced with the magistrate's permission, be composed under the conditions established by him; An offense punishable under this law is known if information relating to the commission of the offense is provided to a police station officer by the married Muslim woman on whom talaq was pronounced or by any person related to her by blood or marriage.

No one accused of a crime punishable by this legislation may be freed on bail unless the magistrate is persuaded that there are legitimate grounds to do so after hearing from the married Muslim lady on whom the talaq was pronounced and acting at the accused's request.

Liability Law and Regulations:
The instant divorce granted three times through the imposition of talaq is invalidated and made unlawful by the Muslim Women (Protection of Marriage Rights) Act 2019. He faces a fine and a prison term of up to 3 years if his husband engaged in instant triple talaq. The Muslim wife who received the Talaq penalty was also given custody of the kids and was mandated to receive alimony from the husband.

Muslim women are now legally protected from the odd and unreasonable testimony of Triple Talaq. The law also discourages husbands from divorcing their spouses in this manner. The law has improved Muslim women's living circumstances and will support them in overcoming domestic abuse and societal discrimination.

The elimination of the Triple Talaq helped women become more powerful and provided them with respect in society. By passing the law prohibiting the Triple Talaq and dismissing cases, the government improved the "self-reliance, self-respect, and self-confidence" of Muslim women in the nation and safeguarded their constitutional, fundamental, and democratic rights. 82% in the first year following the law's approval.

Advantages and Disadvantages of the Act
The 2017 bill intends to grant Muslim women equal rights and safeguard their rights from the arbitrary Instant Triple Talaq. It was found unconstitutional by the Supreme Court. A spouse who calls for an instant triple talaq may be sentenced to up to three years in prison as well as a fine under the proposed legislation.

Advantages:
  • Provide protection against triple random instant talaq.
  • It will give women equal rights, create awareness and confirm their power. The bill makes all statements by talaq, even in written or electronic form, invalid and illegal
  • Affected women receive allowances for themselves and their dependent children.
  • Clarification of custody of children - women can retain custody.
  • Limit arbitrary talaq as Shayara Bano said - Women receiving triple talaq lived worse than dogs and without sustenance.

Disadvantages:
  • If the husband goes to jail, how will compensation be paid?
  • It states that Triple Talaq is illegal and void while providing a remedy. The Muslim Personal Law Council says it interferes with their religion and falls under Articles 25 and 26.
  • Not all cases are criminal, which will lead to undue pressure on men.
  • Do not say anything about polygamy and halala.

Although this is a breakthrough for Indian Muslim women, it contradicts itself in some places.

Conclusion
India is a diverse nation in terms of its cultures, religions, and traditions. The family laws that each religious community in India has been founded on the texts of that community's religions. The right to follow any faith, though, must be balanced fairly with social justice. Every person has the fundamental right to respect.

One of the main inferences to be made from the repeal of the Triple Talaq Bill and the adoption of the bill is that these actions were the proper course to take in order to ensure social justice for Muslim women and to make sure that no Muslim ever experiences such discrimination or injustice in his life. Triple Talaq has historically been viewed as contentious around the world, but major Muslim nations like Saudi Arabia, Pakistan, Indonesia, and Turkey have long since abolished the practice.

One may argue that the triple talaq's continued practice in a secular and democratic nation like India constituted a fault. By passing a law outlawing triple talaq, Muslim women will formally enjoy the same rights as males and no longer be terrified of the Talaq. Organizations that represent Muslims, including the Muslim Personal Bill Board, will change their attitudes toward other social reforms as a result of the passage of this law.

In the end, this law will give Muslim women legal protection, the right to a dignified life, and the protection of their dignity.


Award Winning Article Is Written By: Mr.Amar Nath Dubey, BA. LLB. (Hons.), KIIT School Of Law, Bhubaneshwar
Awarded certificate of Excellence
Authentication No: SP227221154739-29-0922

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