What is Triple Talaq in India?
Triple Talaq, also known as tala-e-biddat, instant divorce, and talaq-e-mughallazah (irrevocable divorce) is a form of Islamic divorce which has been used in Muslims in India, especially adherents of Hanafi Sunni Islamic Schools of jurisprudence.
It allows any Muslim man to legally divorce his wife by stating the word talaq. (The Arabic word for divorce) three times in oral, written, or more recently, electronic form.
The use and status of Triple Talaq in India have been subjected to controversy and debate. That justice, gender equality, human rights and secularism of India and the supreme court of India, and is connected to the debate about a uniform civil code (Article 44) in India on August 2017,
Triple Talaq Judgement
The Indian supreme court deemed instant triple talaq (talaq-e-biddah) unconstitutional three of the five judges in the panel concurred that the practice of triple talaq.
This Is What the Hon’ble Supreme Court Said on Triple Talaq Judgement
The Honourable Supreme Court heard the Petition for the ban of Triple Talaq through a Constitution bench comprising of five Judges from totally different religions – Justice Kurian Joseph, a Catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, chief justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August twenty-two, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit, and Nariman delivered the majority judgement while chief justice Khehar and Justice Nazeer dissented with the majority.
The Modi Government formulated a bill called the Muslim woman (Protection of Rights on Marriage) Bill, 2017 and introduced it in the parliament which was passed on 28 Dec 2017 by Lok Sabha the bill makes instant triple talaq (talaq-e-biddah) in any form spoken in writing or by electronic means such as email, SMS and WhatsApp illegal and void with up to three years in jail for the husband.
MPS from RTD, AIMIM, BJD, AIADMK, and AIML Congress supported the bill tabled in Lok Sabha by law minister Ravi Shankar Prasad the boll faced stiff resistance in the Rajya Sabha several opposition lawmakers called for it to be sent to a select committee for close scrutiny.
The bill was finally passed by Lok Sabha on 27th December 2018 with strong support.
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