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Shalini Singh

Shalini Singh | Updated: Aug 03, 2019 | Category: Latest Amendment

Recent Judgment on Triple Talaq Bill

Triple Talaq bill has been the most trending topic for the last few days in our country. It was being practiced in our country for ages, but finally, the centuries-long injustice came to an end. The matter turned into a revolution when the most prominent figure Saeed Afreen Rahmen drag the triple talaq case to the court. From Afreen to Sayara Banu, every other Muslim woman decided to fight back against their spouse and end this illegal personal law of theirs. Triple Talaq is not mentioned anywhere in the Muslim’s holy book Quran. Many Islamic scholars have barred this practice, including countries like Pakistan And Bangladesh.

The law provides relief to the Muslim Indian women, but at the same time, it’s just a civil matrimonial offense for Hindu men. This is not a uniform judgment in our secular India by discriminating the Muslim men. For millions of Hindu women, their spouse can unilaterally leave their wives without even bothering to divorce her and still remaining free from the law legally. Is it fair justice?

 While every matter in India is looked through a political lens, this is an issue of Muslim women’s rights and empowerment. Triple Talaq is a form of Islamic instant divorce which is practiced by the Muslims in India. It allows only the Muslim men to legally divorce their wives by saying the word Talaq three times in oral, written or more recently electronic form such as mail, text messages, Whatsapp or via phone calls.

Triple Talaq has adversely affected the life of Muslim Indian women since the last decades leaving them with no reason other than ending their marriage. The Muslim women live with fear and mental insecurity that the years of one’s marital alliance can be ended just with the utterance of three words.

Triple Talaq Bill Passed Under Lok and Rajya Sabha

The use and status of the triple talaq bill have been a subject of controversy and debate among the politicians from the last several years. This practice has raised the issue of justice, gender inequality, human rights, and secularism. However, all the India Muslim women unite and appeal to the government to make this practice of triple talaq illegal and drag the case to the Lok Sabha.

Triple Talaq Bill in Lok Sabha

The triple talaq bill has been a matter of heated disagreement between the Narendra Modi NDA government and the opposition since December 2017, when the Modi government first put forward the legislation in the Lok sabha. 

The government drafted the bill called the Muslim Women (Protection of Rights on Marriage) Bill, 2017 and introduced in the parliament. The bill was passed on 28 December 2017 by the Lok Sabha (Lower House of the Indian Parliament).

MPs from RJD, BJD, AIMIM opposed the bill in the Lok Sabha by Law Minister Ravi Shankar Prasad.

Triple Talaq Bill in Rajya Sabha

Source: Twitter

The bill was passed in the Lok Sabha, but it remained pending in the Rajya sabha. If a bill is presented in the Rajya sabha, it lapses with the dissolution of the Lok sabha but remained pending in the Rajya Sabha.

Some major Highlights

  • The upper House the bill by 99 votes in favor and 84 against it.
  • Lok Sabha passed the bill a week before.
  • Triple talaq bill makes instant talaq a crime with 3years of imprisonment.

President’s Assent on the Triple Talaq Bill

The president of India Ram Nath Kovind gave his consent to the triple talaq bill by Parliament which makes the practice of instant divorce a punishable offense for the Muslim men. The triple talaq law or the Muslim women Act, 2019 came into effect from September 2019.

Politicians Words on The Triple Talaq Bill

While every matter is being politicized in the country, why would Triple talaq remain behind? As everyone was overwhelmed with the passing of the law by the Lok sabha, the politician figure AIMIM chief Asaduddin Owaisi said the bill is a part of many of the attacks on Muslim identity and citizenship.

Source: Twitter

All India Muslim Personal Law Board (AIMPLB) calls the passage of the bill a black day in Indian democracy.

Congress said that there was no need to criminalize the practice as it has already been discontinued by the Supreme Court.

Leader of the opposition in the Rajya Sabha Ghulam Nabi Azad said that a law could not be made to finish one particular religion. Instead, the government should provide 33 percent reservation to women in legislatures for their empowerment.

source: twitter

Triple Talaq – A Matrimonial Offence

The punishment for the triple talaq bill passed on 30 July 2019. The law states that any Muslim husband who gives the illegal form of talaq to his wife will be punished with imprisonment for a term which may extend to 3 years and will be liable to fine. The bill also gives the power to arrest the offender without requiring any warrant.

But at the same time, Muslim women can misuse this for their purpose. In order to check the misuse of this offense, the bill makes the declaration of triple talaq bill only if the complaint is filed by the distressed women or any of her relations by blood or marriage.

The aggrieved woman can appeal to the government for her and her children’s well being under the act.

Conclusion

With the passage of the Triple talaq bill in Raj Sabha, it marks the historic win for the Indian Muslim women who were being tormented by their spouse from the last several decades. Though Muslims across India are practicing Triple Talaq for decades, many other Muslim countries had already banned it.

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Shalini Singh

Shalini Singh

Shalini is working as a legal research and content writer from the past 2 years with experience in covering Legal Act and Amendment related topics.


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