Triple Talaq Case
In August 2017, the Supreme Court of India declared triple talaq unconstitutional and the minority opinion suggested the Parliament to consider appropriate legislation governing triple Talaq in the Muslim community. Subsequently the Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted which stands to be retrospectively effective from 19 September 2018.
Background
Triple talaq, was a form of Islamic divorce which has been used by Muslims in India,which allowed any Muslim man to legally divorce his wife by uttering the word talaq three times in oral, written or electronic form.
Discrimination due to Triple Talaq
- It is against the right to equality.
- This practice was abolished in 21 Islamic countries and India was the only major country with significant Muslim population with this discriminatory practice going on.
- It was against the spirit of secularism as it gave Muslim men the arbitrary power to give divorce to their wives.
Social Division due to Triple Talaq
- It creates a wedge between Muslim population and rest of India.
- Muslim women are disproportionately discriminated with respect to females in other religious communities.
- It hampered national integration due different civil rights to different communities.
Salient Features of Muslim Women (Protection of Rights on Marriage) Act, 2019
- The Act makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine. The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.
- The Act provides that the Magistrate may grant bail to the accused.
- The offence may be compounded by the Magistrate upon the request of the woman. The terms and conditions of the compounding of the offence will be determined by the Magistrate.
- A Muslim woman, against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.
- A Muslim woman, against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate.
Impact
- Muslim women are now with equal protection of law.
- This has made women equal to men in power equations.
- Men cannot arbitrarily divorce their wives, thereby maintaining the sanctity of marriage and integrating with Indian ethos of love.
- Minor children will be protected due to provision of subsistence allowance, thereby enabling their full growth in the society.
- It will reduce dependence of Muslim women on men, thereby integrating them with the rest of the society.
