triple talak

WHAT IS TRIPLE TALAK ?

Triple Talak is also known as talak-e-biddat, which means instant divorce. This was practiced in Islam, where Muslim men  could legally divorce his wife.

Under the Muslim Law, triple talak means the liberty from the relationship of marriage immediately, where a man uttered a word talak three times and hence the marriage comes to an end.

According to Muslim Law Application Act 1937, triple talak was legal and this gave the muslim husband a special privilege over his wife.

TRIPLE TALAK ACT 2019

The Muslim Women ( protection of Rights on Marriage ) Act, 2019 passed on 26 July  2019 finally got a verdict to all women. It made triple talak illegal in India on 1 August 2019. This act says that instant triple talak in any form – spoken, written, or by electronic means as e mail or SMS is illegal and void, with upto three years of jail to the husband.

CASE

SHAYARA BANO V. UNION OF INDIA

FACTS OF THE CASE – Shayara Bano was married to Rizwan Ahmad for fifteen years. In 2016 he divorced her by talak-e-biddat. She filed a  writ petition in supreme court for triple talak , polygamy and niakah halala.

On 16th Feb 2017 the Supreme court asked Shayara Bano, the union of India, various women rights bodies and the All India Muslim Personal Law Board (AIMPLB) to give a written submission on these three issues. Shayara Bano was supported by the union of India and the women right organization that the practice of triple talak , nikah halala and polygamy are unconstitutional.

Supreme court accepted Shayara Bano’s petition and on 30th march 2017 five judge constitutional bench was formed.

ISSUE OF THE CASEE – Whether the practice of triple talak violates any fundamental rights?

JUDGEMENT OF THE CASE – On 22 August 2017, the 5 judge bench of the supreme court was formed and pronounced its decision on triple talak, that the practice is unconstitutional by 3:2 majority. On 30th July 2019, Parliament of India declared the practice of triple talak illegal and unconstitutional and made it punishable act from 1st August 2019.

PUNISHMENT FOR THE PRACTICE OF TRIPLE TALAK

Anyone who would practice triple talak shall be punished with imprisonment for a term which may extend to 3 years and fine. This is unbailable offence.

OWN VIEW

In a country where democracy prevails triple talak was a impacting the democracy in a wrong way. It shows the dominance of male is muslim  societies. Triple talak was violating the women rights. They always feel insecure and were treated inferior to male and thus equality was no where seen.  Triple Talak Act provide vital support to muslim women and also empower them to fight for the wrong.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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