Uttarakhand, 01 March 2024: Today we will talk about the law and abolition of triple talaq.
The term Triple Talaq means that the husband can divorce his wife by saying “talaq-talaq-talaq” three times in any format, whether through email or text message or orally. Let us tell you that the Supreme Court had declared this practice of triple talaq illegal in 2017.
Talaq is an Islamic term that refers to the dissolution of a marriage, when a Muslim man has the ability to end all marital relations with his wife by saying Talaq Talaq three times to end his marriage. According to Muslim law, triple talaq indicates freedom from the marriage relationship either permanently or temporarily.
This is called triple talaq or ‘talaq-e-bidat’. The Muslim Personal Law (Shariat) Application Act of 1937 legalized and approved triple talaq, which gave a Muslim husband unprecedented authority over his wife.
triple talaq bill
Now let’s talk about the Triple Talaq Bill, let us tell you that the Indian Parliament passed the Triple Talaq Bill on July 30, 2019, which made instant triple talaq a criminal offense. This bill is also known as the Muslim Women (Protection of Rights on Marriage) Bill, 2019.
The Triple Talaq Act criminalized triple talaq, according to which if a Muslim man gives triple talaq to his wife, it would amount to a crime and for doing so, the man would be given a prison sentence of three years. Has been done. Under the law, triple talaq is a cognizable and non-bailable offence.
Since the bill was still pending in the Rajya Sabha and the practice of triple talaq divorce system remained, there was an urgent need to take strong legal steps to stop such practice.
A man who divorces his wife using triple talaq faces three years in prison and the man is arrested without a warrant, and bail is granted only at the discretion of the magistrate.
Important provisions of the law
There are some important provisions of the law regarding triple talaq which are as follows
- Triple Talaq has been declared invalid and illegal.
- Clause 3 of Chapter 2 of the Bill specifies that “Any pronouncement of divorce by a person on his wife, whether spoken or written, in electronic form, or by any other means, shall be unlawful and prohibited.”
Punishment for triple talaq
Now if we talk about what is the legal punishment for a man who gives triple talaq, then let us tell you that
Section 3 of the Triple Talaq Bill states that “Whoever pronounces Triple Talaq on his wife shall be punished with imprisonment of either description for a term which may extend to three years and with fine.”
According to Section 7 (C) of Chapter 3 “No person accused of an offense punishable under the triple talaq law shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman , on whom the divorce was pronounced, are satisfied that there are reasonable grounds for granting bail to the accused.”
custody of children
Now it comes to the matter of custody of children, if the husband and wife separated by triple talaq have three rights for their children.
Section 6 of Chapter 3 of the Bill states that “In case of divorce by her husband, a married Muslim woman shall be entitled to the custody of her minor children, as the Magistrate may determine.”
Supreme Court’s historic decision regarding triple talaq
In 2017, the Supreme Court made the controversial practice of triple talaq illegal. A five-judge bench ruled that triple talaq is illegal
and violates Islamic teachings.
Let us tell you that the verdict was given two years after Uttarakhand’s Shayra Bano filed a case in the Supreme Court after her husband of 15 years sent her a letter with the word talaq thrice and then left her. The petitions of four other women were attached with Bano’s.
In the Shah Bano case (1985) the Supreme Court ruled in their favor on the “support of wives, children and parents” clause (Section 125) of the All India Criminal Code, which applies to all citizens regardless of religion. . It also proposed the creation of a common civil code.
How does Triple Talaq law protect the rights of Muslim women?
The Triple Talaq law allows a Muslim woman who has been subjected to triple talaq to seek support from her husband for herself and her dependent children.
Some people who oppose this bill argue that since instant triple talaq does not result in divorce after the Supreme Court decision, how can a Muslim man be required to provide subsistence to the woman who is Is also legally his wife.
This law says that a woman who has been granted triple talaq is entitled to a stipend from her husband and retains the right to custody of her children.
The triple talaq law “will help preserve the larger constitutional objectives of gender justice and gender equality for married Muslim women, as well as maintain their fundamental rights of non-discrimination and empowerment.”
Importance of teen talaq law
Since the enactment of the Triple Talaq law, there has been an estimated 82 per cent decline in its incidence since the establishment of a law against the “social evil” of triple talaq.
Some people say that despite the protests, some people were arrested and those who were arrested were released on bail after a few days.
But according to some reports, the law can also be “misused by a third person”, who could be any member of the wife’s family.
Issues related to triple talaq law
Several Muslim and women’s organizations criticized triple talaq, while others argued that it was “ill-conceived” and would make it easier to arrest Muslim men.
A handful of Muslim women also spoke out against banning instant triple talaq, arguing that they do not need to be protected or protected.
According to them, this law discriminates against Muslim women and further marginalises them.
A woman is forced to live in a marriage with an imprisoned man who has verbally and emotionally abused her.
Despite the fact that abandoning wives is widespread in other cultures, the law was specifically directed at Muslim men.
According to the majority of the opposition parties, the crime provision of the bill could be used by the police and other authorities to specifically target Muslims.
The provision demands a jail term of three years as well as restitution for a person who administers triple talaq on his wife.
The Triple Talaq Bill makes instant triple talaq a punishable offence. This is a point of contention.
Concerns were raised about the rights of Muslim men due to the non-bailable nature of the charge when the triple talaq bill was initially introduced. The later amended measure provided for bail for the accused.
Nevertheless, this provision was insufficient to satisfy those who were opposed to it. A judge can now grant bail to a defendant after hearing from the victim’s wife.
Subsistence Allowance: The Triple Talaq Bill requires a Muslim man who divorces his wife to provide her and their children with subsistence allowance.
On the other hand, those who oppose this rule believe that the Muslim man cannot be forced to support the woman as divorce is not considered in the light of the Supreme Court decision.
So today we got information about Triple Talaq,,, here it would be appropriate to say that after the abolition of Triple Talaq, there has been a big positive change in the married life of Muslim women, today after the enactment of this law, Muslim women are free to She is able to breathe and is aware of her rights. ..Triple Talaq law has proved to be a boon for Muslim women.
