Triple Talaq Bill,2019 also known as Muslim Women (protection on rights of marriage) bill,2019. As the country has seen a major Political View over this issue for a long time to ban it, the government has finally succeeded in getting the “Triple Talaq Bill” passed from the Rajya Sabha on July 30,2019.
A group led by the Union Minister Rajnath Singh drawn the Muslim Women (Protection of Rights on Marriage) Bill, 2019. Ravi Shankar, Union Minister presented the bill in the Lok Sabha earlier.
While marriage is the rule of life and divorce only an exception, the latter must also be accepted as a reality. Indeed here already exist commandments to deal accordingly with such cases in both divine and human laws.
In Islam, three forms of Talaq has been described, Talaq – I – Hasan, Talaq – I – Ahasan and Talaq – I – Biddat. The first two are revocable but Talaq – I – Biddat means pronouncing the Talaq thrice in one go and to get separated instantly and is irrevocable too.
There are 3 stages of Talaq
- In First Stage, after practicing Talaq, they can reunite within 3 months without any contract or rituals.
- In Second Stage, the Judiciary again gives them 3 months to reunite with same conditions.
- In Third Stage, if the couple applies for third time then they get divorced and can not reunite.
According to the Government the bill is a step towards gender equality and justice. There are so many major Islamic countries where Triple Talaq is banned like Iraq, Bangladesh, Turkey, Tunisia, Egypt, Sri Lanka, Indonesia and even in Pakistan.
In India, the practice of Instant Talaq should be banned because it creates inequality between men and women which is against Fundamental Rights and is unacceptable in Indian Society.
Clause 3 the Bill declares pronouncement of Talaq, including in written or electronic form, to be void and illegal. Pronouncement of Triple Talaq is proposed to be made and offence punishable with imprisonment for a term which may extend upto 3 years and fine.
Case Law :
Shayara Bano V. Union Of India
The Shayara Bano Case popularly known by the “Triple Talaq case”. There are certain types of divorce in Islamic Law and all are valid however it is Talak ul biddat which is the issue of controversy. This is known as Triple Talaq which was challenged before the Supreme Court in this case. Shayara Bano was married with Rizwan Ahmed in 2002. She was visiting her parents in October 2015 when her husband Rizwan Ahmed, sent her a letter, a divorce letter The word “talaq” was written thrice in it.
Shayara Bano argued before the Supreme Court of India that three practices – triple talaq, polygamy, and nikah halala were unconstitutional. In this case. The Court focused solely on the practice of triple talaq.
The five judges from 5 different communities are Chief Justice JS Khehar (a Sikh), Justice Kurian Joseph (a Christian), R. F Nariman (a Parsi), U.U Lalit (a Hindu) and Abdul Nazeer (a Muslim). In a 397, page ruling though two judges upheld validity of instant triple talaq , the three judges held that it was unconstitutional thus barring the practice by a 3 : 2 majority.
The Judgement did not ban other forms of Muslim divorce that favour men. Only the instant one. The Court said that until the government formulates a law regarding instant triple talaq there would be an injunction against husbands pronouncing instant triple talaq on their wives.
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