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Recently, Muslim Women (Protection of Rights on Marriage) Bill, 2019, which criminalises ‘Instant triple talaq‘ among Muslims, was passed. The Act makes all declarations of instant triple talaq void, illegal and punishable with imprisonment of up to three years for the husband.
What is instant triple talaq?
Instant triple talaq or talaq-e-bidat is a practice under which a Muslim man can divorce his wife by uttering “talaq” three times. It is prevalent among India’s Muslim community majority of whom follow the Hanafi Islamic school of jurisprudence. This mode of divorce is not universal among Muslims across the world. Many other Islamic schools of thought prefer the divorce process to be deferred, in many cases over a period of three months. Many predominantly Muslim countries, including Pakistan, have banned triple talaq.
Shah Bano Case:
In 1978, a Muslim woman, Shah Bano, filed a petition in Supreme Court demanding maintenance from her divorced husband which gave her divorce through instant triple talaq. She filed a claim for maintenance for herself and her children under the Code of Criminal Procedure, 1973. The Supreme Court provided her relief but it was reversed by the Rajiv Gandhi government under the pressure of Muslim fundamentalists, an act that earned much criticism.
Shayara Bano Case:
Shayara Bano was married for 15 years. In 2016, her husband divorced her through talaq–e-bidat. Ms Bano argued before the Supreme Court of India that three practices – triple talaq, polygamy, and nikah halala (the practice requiring women to marry and divorce another man so that her previous husband can re-marry her after triple talaq) –were unconstitutional. Specifically, she claimed that they violated several fundamental rights under the Constitution of India namely, Articles 14 (equality before the law), 15(1) (prohibition of discrimination including on the ground of gender), 21 (right to life) and 25 (freedom of religion). In this case, the Court focused solely on the practice of triple talaq. In August 2017, the Court, by a majority set aside the practice of triple talaq. This judgment became the foundation of the present Act passed by Parliament.
Important provisions of the Bill:
Some core concerns are:
Conclusion:
Having taken a step towards gender equality, the government should build on the gains to address the gender inequities that persist in civil and personal laws across all the religions. Also, the Law Commission must be asked to review all personal/civil laws to ensure that these do not violate the Fundamental Rights guaranteed to all citizens by the Constitution. Finally, this landmark should be seen as a stepping stone towards the goal of a Uniform Civil Code that was envisaged by the founding fathers of our Constitution.
By: Maneesh Mittal ProfileResourcesReport error
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