Criminalizing triple talaq: Restoring right of women
‘Talaq Talaq Talaq’ the most recognized form of divorce. Talaq-e-biddat is pronouncement of instant triple talaq by Muslim husband and dissolving the institution of marriage. Since time and memorial this process of scraping marriage has been accepted by the society and there has been continuous violation of rights on the part of Muslim wives. 1400 years old practice was challenged in the Supreme Court in 2017 by two Muslim women who received divorce through electronic medium from their husbands. There was a huge protest and disagreement across whole of India arguing that Supreme Court shouldn’t intervene in the personal laws of any particular religion. The case of MOHD AHMAD KHAN VS SHAYARA BANO BEGUM & ORS which is famously known has Shayara Bano Case is seen as one of the legal milestones in battle of protection of rights of Muslim women’s fight in India and battle against the set Muslim personal laws. It laid down the ground for thousands of women to make legitimate claims which they were not allowed before. This case laid down the grounds for Muslim women’s fight for equal rights in matters of marriage and divorce. This was the historic case embedded in Indian history which provided Muslim women their rights and respectful and dignified life in society.
The above mentioned
landmark case was challenged under the grounds that it was violating several
fundamental rights under the constitution on India namely Article 14(Equality
before law), Article 15(1) (Prohibition of discrimination including on the
ground of gender), Article 21( Right to life and personal liberty) and Article
25( Freedom of religion). The constitutional bench heard petition filed by
Muslim women. The five judges, including Chief Justice
JS Khehar, are from major faiths in India — Hinduism, Christianity, Islam,
Sikhism and Zoroastrianism. Three of them, Justices Kurian Joseph, Justice
Rohington Nariman and UU Lalit, said “what is sinful under religion cannot
be valid under law.”
They asserted that “triple talaq may
be a permissible practice but it retrograde and unworthy. Since triple talaq is
instant it is irrevocable and the marital tie gets broken, it violates the
right to equality.” Justice
Kurien Joseph said: “What is held bad in the Holy Quran cannot be good in
Shariat and, in that sense, what is bad in theology is bad in law as
well.” Chief Justice JS Khehar
and Justice Abdul Nazeer differed and said while triple talaq “may be sinful”, the court can’t
interfere in personal laws which have the status of fundamental right under the
constitution. They were of the view that parliament should bring a law to end
the practice[1]. There was a different and
varied view of different judges which was taken into consideration and lastly
the judgment was passed in majority of 3:2.
All India Muslim Board was strictly against the judgment passed as they
claimed that the court has no right to intervene and interfere in their
personal and this judgment is violation of their holy book Quran.
On 28th December 2017, the Lok Sabha passed The Muslim Women (Protection of rights on Marriage) Bill, 2017. The bill banned the most practiced method of divorce (i.e) talaq-e-biddat and there shall be imprisonment for 3 years and fine whoever practices this method. The bill was passed by majority in Lok Sabha but the situation in the other house of Parliament which is Rajya Sabha was different. Different parties had different viewed and bill was not passed in Rajya Sabha
On 29th July 2019, The Muslim Women (Protection of Rights on Marriage) Bill, 2019, better known as the Triple Talaq Bill, was passed in the Rajya Sabha. In the 240-member House, 99 members voted in favour of the Bill, 84 opposed it while 57 members stayed away.[2] The victory was also made possible by the support of the Biju Janata Dal. The walkout staged by the AIADMK, and the Janata Dal (United) and the absence of TRS members.[3] Lastly, Chairman Venkaiah Naidu announced the passing of bill in both the houses.
By passing of this historic bill there has been victory on the parts of Muslim women for living a dignified life.
[1] https://www.ndtv.com/india-news/5-supreme-court-judges-of-5-faiths-to-give-verdict-on-triple-talaq-1740329
[2] https://www.thehindu.com/news/national/triple-talaq-bill-sails-through-rajya-sabha/article28757158.ece
[3] https://www.thehindubusinessline.com/news/rajya-sabha-passes-triple-talaq-bill/article28760822.ece
By-
Astha
Student Reporter, INBA