TRIPLE TALAQ

Triple talaq is the most famous case back in 2017 and it’s the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man’s right to divorce his wife by just uttering the word talaq three times no matter what is the situation, palace or it can be in any form including email, message or call whatever the medium

Even without the consent of wife if he uttered the word talaq three times, then that very movement the wife is divorced. The woman who first raise the voice against this practice is Sharaya Bane, who was married to Rizwan Ahmed for 15 years. In 2016 he divorced her thought instant triple talaq and the then filed a writ petition in supreme court asking it to hold three practices Talaq-e-Biddat, Nikah-halala and polygamy as they are violating the article 14,15,21,25 of Indian Constitution.

We have already discussed what is triple talaq and now we have to know what is Nikah –halala it is a practice in which women who want to remarry her husband then she would have to marry a second husband take talaq from him to marry her first husband and polygamy is a practice in which men are allowed to have more than one wife.

The Union of India and organization like Bebaak collective and Bhartiya Muslim Mahila Andolan supported bano’s plea that these practices are unconstitutional .The All India Muslim Personal Law Board (AIMPLB) has argued that these are the personal Muslim law and essential practices of Islam religion and that these are not subjected to constitutional  judicial review and protected under article 25 of Indian Constitution .After accepting the petition on 22nd August 2017 the five judges bench pronounce the decision in triple talaq case declaring that this practice is unconstitutional by the 3:2 majority .

The next year 2018 the president of India held that the Muslim Women (protection of rights on marriage ) ordinance 2018 which made triple talaq not only void and illegal but also a non-bail able and cognizable offence punishable with fine and up to 3 years of imprisonment .But now the question arises that sending jail to men for 3 years or imposing fine on them is just enough to solve the problem of women is this satisfying them or by doing this number of cases are decreased of triple talaq from the recent reports it seems like it made the life of women even more difficult and because many cases are pending in the court most of the time victims are just roaming around the court and the burden of proof is also on the women . So basically in my views the problem of women are not fully solved because as the accused who gave talaq to his wife have the shelter and food it is the women who is struggling for basic necessity so just sending jail to men is not enough for a woman court should make more rules or laws related to this like giving monthly expense to them and taking care of their children education etc. So that life of a women improves instead of getting worse.

REFERENCES

  1. https://www.scobserver.in/court-case/triple-talaq-case
  2. The Indian express Newspaper article

Aishwarya Says:

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