Triple Talaq Verdict: What It Means For Women’s Rights

Talaq, talaq, talaq – uttering this can change the world of a married Muslim woman in a few moments. Foregoing the formal ways, some Muslim men have now modified the practice to divorce their wives over Facebook, SMS, WhatsApp to free themselves from the shackles of marriage. Politics further mired the triple talaq cases even as women were shunned by their families and the society.

What Is Triple Talaq?

Image Courtesy: @sudarsansand/Twitter

Also called talaq-e-biddat meaning instant divorce and talaq-e-mughallazah meaning irrevocable divorce, this practice is common among Indian Muslims especially Hanafi Sunnis. It empowers a man to legally divorce his wife by uttering or writing the word talaq thrice in succession.

Even as Muslim bodies stay divided over it, the Lok Sabha passed the Triple Talaq Bill with several amendments amid much uproar to make the practice of instant triple talaq a criminal offence. Earlier the Supreme Court had outlawed the practice in a historic step but this has raised many questions about the sanctity of marriage and family.

Triple Talaq Crusader Shayara Bano

Image Courtesy: www.openthemagazine.com

The original petitioner in the triple talaq case, Shayara Bano had always been against anti-women traditions but the problem hit home when she had to face domestic violence and was divorced by her husband over speed post. She was mentally harassed by Muslim bodies and branded a BJP supporter but continued her legal battle nevertheless.

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Triple Talaq Bill Status And Provisions

The law which has been proposed makes triple talaq a crime, punishable with a 3-year jail term with payment of fine. The woman is also eligible to receive maintenance.

To stop the law from being misused, certain provisions have been made as follows:

• The police case against the husband can only be filed by the wife or a close relative of hers
• If the couple decide to compromise then the charges will be dropped
• A decision on the husband’s bail can be taken by the magistrate only after a hearing of the wife is held

The issue of triple talaq has drawn sharp lines between political parties as the Modi government is trying to get it passed in the Rajya Sabha. The bill saw 245 votes in its favour while only 11 votes were opposing it in the Lok Sabha but the Modi government will need a lot of favour from opposition parties if the bill has to be passed in the Upper House. 

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