Author: Yashijeet Gond, City Academy Law College
To the point
The individual law in India could be a law for individualities of distinctive religion and fabric concurring to the religion of the individual. For multitudinous decades Muslim ladies are fighting for sexual presentation adjust within the Islamic law that regulate right related to marriage, seprate and property rights. All-India Muslim individual law board is one of the essential compelling body in Muslim community. There are multitudinous masculine individualities authority in that particular board. While, Quran does not bolster a framework that’s as it were overseen by the patriarchy outline. Muslim women rights of marriage, seprate, heritage has amped various muslim ladies activists to fight for their rights. The questionable Islamic divorce hone of moment triple talaq (Talaq-e-Biddat) has been struck down as private and against the principles of Islam. This hone was against Article 14.
The Hon’ble Supreme Court of India, in its later point of interest judgement of Sayara Bano VS Union of India articulated on prestigious 2017, has set aside the practice of Talaq-e-Biddat or Triple Talaq with the larger part ratio of 3:2.
Abstract
The issues of women rights in Muslim personal law is exceedingly questionable. Exceptionally, Muslim women rights in relating to triple talaq seprate, heritage, support has got much consideration presently a days. Triple talaq or Talaq-e-Biddat is an Islamic hone that grants men to divorce their spouses instantly by expressing the word Talaq three times. The Hon’ble incomparable Court of India, in its afterward point of intrigued judgement of Shayara Bano vs Union of India enunciated on eminent 2017, has set aside the practice of Talaq-e-Biddat or triple talaq with with the larger part apportion of 3:2. The judgement by minority seat encourage coordinated the Union of India to lay a appropriate legislation in arrange to regularize the procedures of seprate as per Shariat law and in a majorit, Supreme Court set aside this talaq as a ‘Manifestly arbitrary’ practice.
Background of the case
The issue has been making news since a Muslim affiliation, Bhartiya Muslim Mahila Andolan (BMMA), propelled a campaign to boycott triple talaq and NIKAH HALALA – a hone where divorced women have to endure alternate marriage to hold the primary marriage.
In 2015, Sayara Bano, a inhabitant of Uttarakhand, filed a solicitation in the Supreme Court seeking a ban on the practice after her hubby ended 15- year marriage by transferring a letter pronouncing the word Talaq thrice .Her petition seeks the Supreme Court to declare talaq-e-biddat, polygamy and nikaha halala illegal and unconstitutional on the grounds that they violate the rights guaranteed by the constitution under Article 14, 15, 21 and 25
In 2015 only, the Supreme Court enrolled a suo moto Public Interest Litigation (PIL) petition titled In Re: Muslim Women’s Quest for Equality to examine if arbitrary divorce, polygamy and Nikah Halala violate women’s equality.
Several other ladies lined up with their petitions over the resulting months. Women cannot articulate triple talaq and are required to move a court for getting divorce beneath the Sharia Act, 1937.
Case Description
In Shayara Bano vs Union of India (2017), the SC declared the practice of Triple Talaq- where Muslim husbands can directly and permanently divorce their wives by uttering the words Talaq Talaq Talaq – as unconstitutional. The next year in 2018, the president of India passed the Muslim Women (Protection of Rights on Marriage) Ordinance 2018, which made triple talaq not as it were void and illegal but moreover a non-bailable and cognizable offence culpable with a fine and upto 3 years detainnment.
Laterly, the statute became law when Parliament passed the Muslim Women (Protection of Rights on Marriage) Act,2019 effective from september2019.
In August 2019, two organizations of Islamic researchers, as well as the National President of the Rashtriya Ulema Council , challenged the act independently. The union government was coordinated by a two-judge bench to respond to this challenge.
In July 2020, Noorbeena Rasheed became one of the primary Muslim women to petition the court challenging the defendability of this act. A three judge bench comprising Ramana, Kant and Murari JJ admitted her petition and issued notice to the Union. The Court labeled Rasheed’s petition to this case.
These petitions argue that the statute in question is violative of several fundamental rights enshrined under the constitution, and together make reference to Article 13, 14, 15, 21, and 25. Ms. Rasheed’s petition also challenges the act as unbalanced,intemperate and rigid.
Judgement
On 22nd August 2017, the Supreme Court ruled on the constitutionality of the practice of triple talaq in Shayara Bano vs Union of India by a 3:2 majority and deemed this practice as unconstitutional and held that it violated fundamental rights under Article 14, 15 and 21 of the Indian Constitution.
FAQS
What is instant triple talaq?
It is an instant divorce custom being rehearsed among the Muslim society, conceding the adjust of finishing the wedding union, in the favour of their male counterparts i.e., husbands, by basically articulating the word TALAAQ three parts.
How triple talaq violates fundamental rights?
Right to Equality(Article 14): the hone of triple talaq discriminates against women by permitting husbands the one-sided control to divorce their wives while denying the same right to women. This biased treatment based on sex goes against the principle of equality under Article 14 of the Indian Constitution.
Right to life and liberty (Article 21): Triple talaq can have extreme enthuastic, cerebral, and budgetary suggestions on women who are all of sudden divorced without their consent. This violates their right to live and personal liberty.
