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.
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
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
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
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
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
- 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
- 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.
- 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.
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
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
Authentication No: SP227221154739-29-0922