Reply To: Muslim Women (Protection of Rights on Marriage) Act, 2019

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advtanmoy
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What is Triple Talaq?

Talaq-e-Biddat or Triple Talaq is a form of divorce that was practiced in Islam, whereby a Muslim man could divorce his wife by pronouncing talaq three times. The man need not cite any reason for the divorce and the wife need not be present at the time of pronouncement of talaq.

Demand for Banning Triple Talaq:

To ban the evil practice of Triple Talaq was a demand from Muslim women for a very long time.
ShayaraBano a woman from Uttarakhand, who suffered mental and physical torture by her husband and his family for not fulfilling their demand for dowry, was granted instant Triple Talaq by her husband through a letter, ending their 14-year marriage. Her husband also denied her the custody of her two children.
ShayaraBano challenged this practice before the Supreme Court on the ground that the said practice is discriminatory and against dignity of women.

Supreme Court Verdict:

Supreme Court found that the said practice of divorce to be manifestly arbitrary, in the sense that, the marital tie can be broken capriciously and whimsically by a Muslim husband withoutany attempt to reconcile to save the marriage.

Supreme Court, in a majority judgment rendered on 22nd August, 2017, set aside the practice of divorce by pronouncing instant Triple Talaq as violative of Article 14 of the Constitution.
Supreme Court judgment vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality and also against gender equity guaranteed under the Constitution of India. [PIB Source]