Have you been up to date on current affairs? If not, that is okay this article will help you find the answers to is triple talaq valid in India?
First students should know the very basics of the triple talaq for UPSC and then understand the triple talaq case and its judgement.
So what is triple talaq? Triple talaq is the method of giving divorce to a wife by just saying the word talaq three times from the husband in the Sharia law. It is also known as oral talaq.
Triple Talaq Bill
The triple talaq bill is called the Muslim Women Bill 2019. It was introduced into the parliament in June 2019 and was passed by July 2019.
The passing of the triple talaq bill meant that direct divorce or the oral divorce was not punishable and a criminal offence.
The triple talaq bill had been passed in both the houses and received the president’s assent too.
Triple Talaq Act
Now, let’s understand what the triple talaq act does.
The triple talaq act makes it illegal for triple talaq to occur, whether through text (includes WhatsApp, Facebook, Instagram and any other social media or digital form of communication), call, or orally.
This allows a police officer to arrest any Muslim man that tries to do this, and they do not require a warrant at the time of the arrest.
The triple talaq act allows only the victim or the kin of the victim to file a case against the criminal act.
The triple talaq bill allows for the divorced woman to have sole custody of her children and also can receive alimony for her life and her children. The alimony is generally set by the magistrate.
So how did the government reach such a bold decision? The triple talaq case of Shah Bano had a very big impact on this bill.
The supreme court had given a verdict in the triple talaq case of Shayara Bano and stated that it was unconstitutional.
The supreme court had a verdict of 3:2 in favour of Shayara Bano.
This was not the first triple talaq case, but it was unique as it was based on the argument of violation of constitutional rights.
Thus, after considering many precedents, the supreme court gave a verdict in favour of Shayara.
After Effects of the Bill
The after-effects of the bill have proven to be very beneficial for the women of the country. For years now, Muslim women have been trying to get equality and justice over this practice. Now that it is finally illegal, a sense of safety and unity prevails amongst the women but yes there was heavy retaliation from the opposite side.
The Muslim men felt that it was not okay for the government to decide anything about their religious matter and saw it as a direct attack on their religion. Even though many Islamic countries have banned this system, the Indian Muslim men felt it was not okay for them to create this decision.
A lot of tension was caused in the country. A certain scenario had prevailed before too. In the ruling of the Shah Bano case of 1985. The government under pressure had to overturn the supreme court’s decision but as of now, the current government does not intend to do the same!
Importance of the Bill
The triple talaq bill sure has very high importance. The government of India has now shown that it will not stand against inequality and oppression of women in fear of religious outbursts.
This was a very bold decision, especially as it involved the chance of high backlash and even violent protests from Muslim men in India.
This move has set a precedent for further coming governments and has started to create a path for a modern India.
Indian Muslim women have faced the issue of triple talaq for quite some time now. The country’s government in 2019 has decided that it is time for some real change.
In 2019, they passed the triple talaq bill or the Muslim Women Bill. If you wonder what is triple talaq? Then it is a method of divorce in Sharia law, where the husband can get an irreversible divorce just by saying the word talaq thrice.
Many women groups have fought against this rule in courts, but none had been successful until 2017. The landmark decision of the supreme court in 2017 has changed the face of oppression of women in Indian society. Here is to hoping that more such positive changes can be seen in India.