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  • Soumya Mani

TRIPLE TALAAQ BILL : AN ANALYSIS


Talaq-e-biddat refers to a practice of divorce under Muslim personal laws simply by pronouncing word 'talaaq' thrice in one sitting by a Muslim man to his wife. Such a divorce was held irrevocable till the Supreme Court declared it unconstitutional.


The Muslim Women (Protection of Rights on Marriage) Bill, 2019 or The triple talaaq bill seeks to make instant triple talaaq a criminal offence and seeks jail term for the guilty punishable with three years. The bill is aimed at Muslim men who divorce their wives by pronouncing "talaaq" three times in one go.


The people opposing the bill were saying that the bill, in its current form, would end up victimizing Muslims as the provisions are very stringent and will ultimately leave the Muslim men in a vulnerable condition. Triple Talaaq has been given under their law and there is nothing unlawful with this. It is merely an unnecessary wrongful interference into their laws, religion and its beliefs.


In August 2017, the Supreme Court declared instant triple talaaq unconstitutional thereby ruling that pronouncement of "talaaq" three times by a Muslim man to his wife does not end their marriage.


The Muslim Women (Protection of Rights on Marriage) Ordinance was promulgated in September 2018 and when it lapsed without Parliament giving its approval, the government re-promulgated the ordinance in February this year. Three ordinances have been by the time promulgated as the similar bill but could not get the parliamentary nod. A fresh bill was introduced in this session.


The ordinance and the bill declares instant triple talaaq a cognizable offence. The bill also entitles a Muslim woman against whom talaaq has been declared to seek subsistence allowance from her husband for herself and for her dependent children.


Therefore, it can be said that such a law was the need of the time. Many women have suffered because of the Triple Talaaq. It is completely an encroachment and a grave infringement of their fundamental rights which have been guaranteed under the Constitution. And, so the The Muslim Women (Protection of Rights on Marriage) Bill, 2019 or The triple talaq Bill is a very progressive bill symbolizing the development of society and eventually will help in improving the condition and upliftment of Muslim Women.

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