Triple talaq: no more legal protection

Due to social ideas, religion, and traditions, women have faced several challenges. Even if we agree that both genders have equal human rights, when it comes to religion and cultural standards, it becomes more of a question than an evident assertion. The issue of Triple Talaq has long been contentious. There are conformists who believe in conventional and unprogressive beliefs, in contrast to those who comprehend why this practice is incorrect. Triple Talaq has always been seen as more of a political and religious issue than a human rights issue. This behaviour was mostly done for self-serving and arrogant reasons, and it was mostly done in houses where domestic violence was widespread.  Triple Tala is a cultural tradition, exploited and oppressed thousands of women only to exonerate itself in the name of Islam. It’s unfortunate that egalitarianism is virtually always a source of disagreement.

It is a well-known Islamic procedure that allows a husband to divorce his wife simply saying the word ‘Talaq’ three times. It could be done orally, and as time went on, it could also be done by emails or SMS. The husband was not required to declare the reason for the divorce, and the woman was not required to be present when the divorce was finalized. The divorce becomes irreversible after the ‘iddat’ period, during which it is determined whether the woman is pregnant. There are two possible outcomes for the divorce. The suggested method was to wait a length of time after each ‘Talaq’ so that the couple might reconcile, while the second way, which was more frowned upon was to execute the ‘Talaq’ immediately.

However, the Supreme Court’s 5 Judge Bench issued its judgement in the Triple Talaq Case on August 22, 2017, ruling the practice unlawful. The bench held that it is obvious that this kind of Talaq is manifestly arbitrary in the sense that the marital connection might be destroyed capriciously and whimsically by a Muslim man without any attempt at reconciliation in order to save it. This form of Talaq must be considered a violation of Article 14 of the Indian Constitution’s 393 fundamental right. The 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, falls within the meaning of Article 13(1)’s expression “laws in force” and must be declared void to the extent that it recognizes and enforces Triple Talaq.

In our country, concealing a societal evil behind a thin veneer of culture is not uncommon. When it comes to religion and women’s rights, the distinctions between right and evil are frequently muddled. Women’s Empowerment is a required revolution for dignity, not a movement. Using religion to deny rights to a specific gender has been practiced throughout history. In the Muslim community, banning triple talaq is a tremendous step forward, but it is a modest step in the world.

Criticism is not well received. If anything is done according to custom, it is time to examine culture if it infringes women’s rights. Inequality between men and women is a blatant violation of human rights. It’s disheartening that a community of women has had to battle for a simple right to divorce for millennia. A small stride forward is an accomplishment, but there is still a long way to go.

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

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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