Triple Talaq

The Muslim Women (Protection of Rights on Marriage) Bill, 2019, better known as the Triple Talaq Bill, had been passed, thereby criminalising the practice of instant Triple Talaq. The Supreme Court in Shayara Bano case (2017) had declared the practise of Triple Talaq (talaq-e-biddat) as unconstitutional.

Step towards gender equality due to:

1. Triple Talaq goes against the constitutional principles of
   • gender equality,
   • secularism,
   • right to life of dignity, etc.
   • Article 14 (Right to Equality)
   • Article 15(1) – no discrimination against any citizen on the basis of gender, race, etc.
2. Arbitrary divorce from males can be checked.
3. The law provides the 
   • rights of subsistence allowance,
   • custody of minor children to victims of triple talaq.
4. Law stands an example against social evils. For example, Untouchability was abolished by the Constitution, but the continued practise of untouchability forced Parliament to enact the Untouchability (Offences) Act in 1955 and later renaming it as Protection of Civil Rights Act in 1976.
5. Triple Talaq is banned in more than 20 Islamic countries including Pakistan.
6. The constitution of the country says that it shall strive to bring a uniform civil code for the entire country. Doing away with triple talaq will definitely be a step closer to the constitution-makers’ dream of having a uniform civil code for all citizens.
7. Triple talaq was not an integral feature of Islam. So law doesn’t interfere with religion.

Issues with the law:

• Divorce is a civil matter and making Triple Talaq a criminal offence is disproportionate to criminal jurisprudence.
• Religious groups infer the banning of a traditional practice sanctified by Sharia as interfering in the religious aspects of minorities.
• 3 year jail term reflects the wary of the slipshod manner in which the government has passed the bill in the Lok Sabha.
• The woman will not be protected but instead be vulnerable to more abuse.
• The Bill does not provide the victimised woman any additional benefits in terms of her rights in marriage and divorce.
• Since the Bill says that triple talaq is cognizable and non–bailable, married Muslim man become vulnerable target as policemen can arrest and investigate the accused with or without the complaint from wife or any other person.

Way forward:

• The legislation brings India at par with other Muslim majority states including Pakistan and Bangladesh.
• Adherence to the principles of secularism, democracy, and equality.
• Despite the gains, gender equality does not permeate all aspects of civil law.
• This legislation presents an opportunity to put in place a civil code that steeped in equality—across faiths and gender.

Conclusion:

Terming Triple Talaq as unconstitutional as a step towards establishing uniform civil code (Enshrined in Article 44 of directive principle of state policy), but criminalising it goes against the ethos of Fundamental rights i.e. article 25 and 26 the freedom of religion. Triple Talaq has led to the subjugation of Muslim women even after 72 years of independence but its solution must come through coexistence rather than coercion.