Index

1. What Is Triple Talaq? 
2. What Are Some Cases That Shaped The Current Legislation On Triple Talaq? 
3. What Was The Landmark Supreme Court Verdict On Triple Talaq?
4. What Was The Legislative Response To Supreme Court Ruling?
5. What Is The Triple Talaq Bill, 2019?
6. What Is The Divorce Process Under Muslim Law After the Abolition Of Triple Talaq?
7. What Are The Steps To Take If Subjected To Triple Talaq?
8. What Are The Key Provisions of the Triple Talaq Act 2019?

What Is Triple Talaq?

Triple talaq, or talaq-e-bid’at, is a practice in Islamic law allowing a Muslim man to divorce his wife by pronouncing “talaq” three times, either orally or in writing. This form of divorce is irrevocable and does not require the wife’s presence or a stated reason. Traditionally, it was prevalent among Sunni Muslims, particularly in India, but has faced significant criticism for its arbitrary nature and gender inequality. In 2019, India’s Supreme Court deemed it unconstitutional, leading to a ban on the practice. Here are more insights on this article- what are the steps to take when subjected to Triple Talaq.

What Are Some Cases That Shaped The Current Legislation On Triple Talaq? 

1. Shah Bano Case (1985): Although this case did not directly address Triple Talaq, it underscored the need for reform in Muslim Personal Law. The Supreme Court awarded maintenance to Shah Bano, a Muslim woman, after her husband divorced her, sparking a nationwide discussion on women’s rights within Muslim law.
2. Shayara Bano Case (2017): This case was pivotal in the battle against Triple Talaq. Shayara Bano questioned the constitutionality of Triple Talaq after her husband divorced her using this practice. The Supreme Court’s ruling that Triple Talaq was unconstitutional marked a major step forward for women’s rights.
3. Dania Sultana Case (2019): In the aftermath of the Supreme Court’s ruling, the government introduced the Triple Talaq Bill, which Dania Sultana challenged. The case upheld the government’s decision to criminalise Triple Talaq, strengthening the legal framework against the practice.

What Was TheLandmark Supreme Court Verdict On Triple Talaq?

In August 2017, the Supreme Court of India delivered a groundbreaking judgement in the Shayara Bano case, ruling that the practice of Triple Talaq was unconstitutional. The court, with a 3:2 majority, struck down the practice, marking a crucial move towards gender equality and justice in India. This verdict signalled the beginning of the end for the instant Triple Talaq practice in the country.

What Was The Legislative Response To Supreme Court Ruling?

In the wake of the Supreme Court’s ruling, it became essential to establish a legislative framework to enforce the decision and ensure legal clarity. To address this need, the government introduced the Muslim Women (Protection of Rights on Marriage) Bill, also known as the Triple Talaq Bill. This legislation sought to criminalise the practice of instant Triple Talaq and safeguard Muslim women from unjust and arbitrary divorces.

What Is The Triple Talaq Bill, 2019?

The Triple Talaq Bill successfully passed through both houses of Parliament and was enacted as the Muslim Women (Protection of Rights on Marriage) Act, 2019, commonly referred to as the Triple Talaq Act 2019. This law made the practice of instant Triple Talaq a cognizable offence, carrying penalties of up to three years in prison and a fine. Additionally, the act ensured that divorced women receive a subsistence allowance and granted them custody of minor children.

What Is The Divorce Process Under Muslim Law After the Abolition Of Triple Talaq?

Following the abolition of Triple Talaq, Muslim couples must adhere to a formal process for divorce based on mutual consent:

1. Initiation: Both spouses must agree to the divorce mutually.
2. Mediation: Efforts must be made to reconcile and mediate the differences between the parties.
3. Agreement: If mediation fails, the couple must draft and sign a mutual consent divorce agreement.
4. Court Petition: The signed agreement is then submitted to the family court for approval.
5. Finalisation: The court reviews the petition and issues a divorce decree if all conditions are satisfied.

What Are The Steps To Take If Subjected To Triple Talaq?

If a woman encounters Triple Talaq despite its prohibition, she can take the following actions:

1. File a Complaint: Report the incident to the local police station.
2. Pursue Legal Action: Consult a lawyer and initiate a case in the family court.
3. Submit Evidence: Present proof of the Triple Talaq declaration.
4. Participate in Court Proceedings: Attend court sessions and adhere to the legal procedures.
5. Seek Relief: Request legal remedies such as maintenance, child custody, and other relevant support.

What Are The Key Provisions of the Triple Talaq Act 2019?

The Triple Talaq Act 2019 offers several important protections for divorced women:

1. Maintenance: The law mandates that divorced women are entitled to a subsistence allowance.
2. Custody: The act grants custody of minor children to the mother.
3. Contested Divorce: It allows women to challenge unfair divorces legally.
4. Financial Support: The act ensures financial support for both women and their children after divorce.
5. Outlawing Instant Triple Talaq: The act declares the practice of instant Triple Talaq as null, void, and illegal.
6. Penalties: Any Muslim man who pronounces Triple Talaq can face up to three years of imprisonment and a fine.
7. Bail Option: Although the offence is cognizable, it is also bailable, allowing the accused to apply for bail from the magistrate.