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Criminalizing Triple Talaq:Polity and Governance Notes UPSC Exams
IMPORTANT LINKS
The term “triple talaq” refers to a husband’s power to divorce his wife by saying “talaq” (divorce) three times in any format, including email or text message. The practise was declared illegal by the Supreme Court in 2017.
Talaq is an Islamic term for divorce that refers to the dissolution of a marriage when a Muslim man has the ability to terminate all marital ties with his wife. According to Muslim law, Triple Talaq indicates independence from the marriage connection, either permanently or temporarily, in which the male cancels his marriage by simply saying ‘talaq’ three times. This is referred to as Triple Talaq, or ‘talaq-e-bidat.’ The Muslim Personal Law (Shariat) Application Act of 1937 legalised and approved Triple Talaq, which gave a Muslim husband unprecedented rights over his wife.
This topic is important for the UPSC Prelims syllabus and also GS Paper 2 under UPSC Mains Syllabus considering the significant impact on vulnerable sections in India.
Triple Talaq Bill for UPSC Exams - The Indian Parliament passed the Triple Talaq Bill, also known as the Muslim Women (Protection of Rights on Marriage) Bill, 2019, on July 30, 2019, making instant Triple Talaq a criminal offence.
- The Triple Talaq Act criminalises rapid triple talaq and sentences a Muslim male who commits the offence to three years in jail. Under the law, Triple Talaq is also a cognizable and non-bailable offence.
- As the Bill was still pending in the Rajya Sabha and the practise of the Triple Talaq divorce system remained, there was an urgent need to adopt strong legal steps to prevent such a practise.
- A person who divorces his wife using triple talaq gets three years in jail. Arrests are made without a warrant, and bail is only given at a magistrate’s discretion.
Important Provisions of the Law
Triple Talaq is rendered null and void.
The Bill specifies in Clause 3 of Chapter 2 that “any pronouncement of talaq by a person upon his wife, whether spoken or written, in electronic form, or by any other means whatsoever, will be unlawful and prohibited.”
Punishment for Triple Talaq
Clause 3 adds that “anyone who pronounces Triple Talaq on his wife shall be penalised by imprisonment for a term of up to three years and fine.”
According to Clause 7 (c) of Chapter 3, “no person accused of an offence punishable under Triple Talaq law shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq was pronounced, is convinced that there are reasonable grounds for granting bail to the accused.”
Children’s custody
Clause 6 of Chapter 3 of the Bill states that “in the case of talaq by her husband, a married Muslim woman shall be entitled to custody of her minor children in such manner as the Magistrate may determine.”
Check the Other Notes of Polity for Competitive Exams here.
What is the Importance of Law?
There has been an estimated 82 percent decline in triple talaq incidents since the establishment of the rule against “social evil.”
Meanwhile, activists maintain that, despite protests, few men were held and that those that were arrested were freed on bail days later.
According to reports, the law was also “misused by a third person,” who might have been any member of the wife’s family.
What are the issues raised by the Triple Talaq law? - While several Muslim and women’s organisations criticised the triple talaq, others argued it was “ill-conceived” and would make it easier to arrest Muslim men.
- A handful of Muslim women also spoke out against the banning of instant triple talaq, arguing that they did not need to be saved or rescued.
- This law discriminates against Muslim women and further marginalises them. A woman is compelled to remain in a marriage with an imprisoned man who has verbally and emotionally abused her.
- Despite the fact that leaving wives is widespread in other cultures, the legislation was directed specifically at Muslim men.
- According to the majority of opposing parties, the bill’s crime provision might be used by police and other authorities to particularly target Muslims.
- The provision demands for a three-year prison sentence as well as restitution for the man who conducts triple talaq on his wife.
- The Triple Talaq Bill makes instant triple talaq a punishable offence. This is one point of contention. Many people are concerned by the comprehensible nature of the rapid triple talaq, arguing that it opens the door to abuse.
- Concerns were raised concerning the rights of Muslim males owing to the non-bailable nature of the charge when the triple talaq bill was initially presented. Yes, the amended measure finally contained a bail mechanism for the accused.
- Even still, the provision was inadequate to satisfy those who were opposed to it. A judge may now grant bail to the defendant after hearing from the aggrieved wife.
- Subsistence allowance: The Triple Talaq Bill requires a Muslim man who divorces his wife to provide subsistence allowance to her and their children.
- Those who oppose the rule, on the other hand, believe that the Muslim male cannot be forced to support the woman because divorce is not considered in light of the Supreme Court’s judgement.
Study Important Articles of the Constitution of India here.
Supreme Court Judgment
In 2017, the Supreme Court made the contentious practise of triple talaq illegal. A five-judge panel ruled that immediate triple talaq is illegal and defies Islamic teachings. The judgement came two years after Shayara Bano of Uttarakhand filed a lawsuit against the Supreme Court after her husband of 15 years sent her a letter with the word talaq written three times and then left her. Four other women’s petitions were appended to Bano’s.
In the Shah Bano case (1985), the Supreme Court ruled in her favour on the “support of wives, children, and parents” clause (Section 125) of the All India Criminal Code, which applies to all citizens regardless of religion. It also proposed the creation of a common civil code.
Daniel Latifi case
In the Daniel Latifi case, the Muslim Women’s Act (MWA) was challenged on the grounds that it violated the rights to equality under Articles 14 and 15, as well as the right to life under Article 21.
While upholding the Act as constitutional, the Supreme Court connected it with Section 125 of the CrPC and held that the amount received by a woman during the iddat period should be sufficient to support her during the iddat period as well as to prepare her for the future. As a result, under national law, a divorced Muslim woman is entitled to maintenance for the remainder of her life or until she remarries.
Sarla Mudgal Case
The question in this case was whether a Hindu spouse who had married under Hindu law may marry again after converting to Islam. The court concluded that a Hindu marriage performed under Hindu law can only be dissolved on one of the grounds specified in the Hindu Marriage Act of 1955. Conversion to Islam and subsequent marriage would not render the Hindu marriage unlawful under the legislation, and hence a second marriage solemnised after converting to Islam would be an offence under Section 494 of the Indian Penal Code (IPC).
Shayara Bano Vs Union of India & Ors
In the case of Shayara Bano versus Union of India & Ors, the Supreme Court declared on August 17, 2017 that immediate triple talaq was unlawful.
A five-judge panel ruled that immediate triple talaq is illegal and defies Islamic teachings. Several Muslim women who divorced via the phone, letters, and even WhatsApp said the practise was “illegal” and petitioned the Supreme Court to stop it.
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What is the proposed punitive measure?
A man who declares talaq on his wife faces incarceration and a fine. This Bill also makes reciting talaq-e-bidat a non-bailable offence.
“Whoever pronounces the talaq referred to in section 3 on his wife would be punished with imprisonment for a term that may extend to three years and a fine,” states Clause 4 of the Bill.
Clause 7 states, “A crime punished under this Act must be cognizable and non-bailable within the meaning of the Code.”
International Experience:
Many Muslim majority countries have prohibited triple talaq, including Tunisia, Algeria, Malaysia, Jordan, Egypt, Iran, Iraq, Brunei, the UAE, Indonesia, Libya, Sudan, Lebanon, Saudi Arabia, Morocco, and Kuwait. Bangladesh and Pakistan, two of India’s neighbours, have also made triple talaq illegal.
How does this protect Muslim women’s rights?
The triple talaq measure also allows a Muslim woman who has been declared talaq to seek support from her husband for herself and her dependent children. Those who oppose the Bill argue that since quick triple talaq does not result in divorce in the aftermath of the Supreme Court decision, how can a Muslim man be required to provide subsistence to the woman who is still legally his wife?
The lady whose talaq is proclaimed is entitled to a stipend from her husband and retains custody of her children.
According to Clauses 5 and 6 of the Bill, “a married Muslim woman upon whom talaq is pronounced shall be entitled to receive such amount of subsistence allowance for herself and dependent children from her husband,” as well as “shall be entitled to custody of her minor children in the event of talaq being pronounced by her husband.”
The measure will “help in preserving the larger Constitutional purposes of gender justice and gender equality of married Muslim women, as well as aid in subserving their fundamental rights of non-discrimination and empowerment.”
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Mains Questions
Why has the Union Government announced the Triple Talaq Bill? List the most important provisions.
तीन तलाक का अपराधीकरण हिंदी में भी पढ़ें!
Triple Talaq Bill : FAQs
Title
In Muslim countries, "triple talaq," or talqa-e-biddah, is a practise that permits a man to divorce his wife by saying the word "talaq" three times in one sitting, in any form, including email or text message, without his wife's approval.
What precisely is the law of Triple Talaq?
The National Democratic Alliance (NDA) government's Triple Talaq law, which went into force on August 1, 2019, made Muslim males providing 'rapid divorce' to their spouses a criminal offence.
In which decision did the Supreme Court of India pronounce triple talaq unconstitutional?
In the case of Shayara Bano versus Union of India & Ors, the Supreme Court declared on August 17, 2017 that immediate triple talaq was unlawful.
Which country was the first to make triple talaq illegal?
Egypt was the first to prohibit the practise, doing so in 1929. If conducted in a single sitting, triple talaq is unlawful in Afghanistan.
What is the objective of the Triple Talaq Bill?
The Triple Talaq Bill would make instant triple talaq a criminal punishable by three years in jail. The "contentious" legislation is directed at Muslim males who divorce their marriages by reciting "talaq" three times in a row.
What is an instant divorce?
In certain cases, Muslim men in India divorced their wives by issuing a so-called triple talaq through letter, phone, and, increasingly, text message, WhatsApp, and Skype. A handful of these cases reached the courts as women challenged the custom.