Triple Talaq Law

triple talaq law

Theme:

  • Triple Talaq Bill‘ or ‘The Muslim Women (Protection of Rights on Marriage) Act, 2019’ became law on 1st August 2019.

Background:

  • Followed by the Muslims in India, Triple talaq is a customary way of an instant divorce of a married couple where the man gets the liberty to announce the end of his marriage simply by orating ‘talaq’ thrice to his wife.
  • As more and more women suffered due to this unfair practice, thousands took to the streets and started their personal riots in the support of article 14 of the Indian constitution in the support of the right of equality. Shayara Banu Case (2016) strengthened their attempt to quote triple talaq as unconstitutional.
  • With the other Islamic countries like Pakistan, Egypt, Iraq happen to have banned the concept of triple talaq, led the Indian government to start the triple talaq bill. The women activists have been successful with the fine attempt of ending such a biased divorce agreement.

In Favor:

  • Instant talaq questions human rights and gender equality the constitution of India promises to offer.
  • Many women suffered due to the unfair practice. Many times, when the wife is given instant talaq by her husband, she and her children were not given money to live. She will be left alone without any money at hand. This law protects women and prevents such incidents. By this law, women and her children can get maintenance allowance from her husband.
  • After making this law, triple talaq cases have drastically reduced.

Criticism:

  • Before making the amendments, the government didn’t consult the All India Muslim Personal Law Board – an organisation which looks into all the matters related to the Muslim community in India. The board argues that the law doesn’t speak of the consequences.
  • Like every coin has two sides, Triple talaq bill offers the right to gender equality to all the Muslim wives but on the other hand, leads to the prosecution of the husband in each and every case registered even by his wife’s blood relative without her official consent.  There is a possibility of false cases. As the offence is non-bailable, Muslim men have been completely hesitant about the passage of this bill as it doesn’t just put them in a difficult situation but also snatches their shield to freedom and justice.
  • If the accused is given three years imprisonment, he may not give maintenance allowance to the victim and her children. In such cases, it is the responsibility of the government to provide financial assistance to the victim. But that is not provided in this law.
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Conclusion:-

Triple talaq is a divorce customary followed by the Muslim community offers huge disadvantages towards to growth and development of the women society. Sadly, Triple talaq law has not met the expectations as it is now quoted to be hasty and impulsive.

Though it helps the women of our country to live freely without being controlled by their husbands anymore, the basic right to gender equality seems to have been snatched away from Muslim males. This harassment of males would lead directly towards the alienation from their own community. The law must, therefore, be amended considering both the genders as equal in the eyes of law. Whatever be the decision, the entire country awaits not just the ban of triple talaq but also having the correct law.

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