The Big Picture - Triple Talaq Bill

Описание: With Triple Talaq Bill recently presented before Lok Sabha by the new government, we've got you covered with all that you wanted to know.

Triple Talaq is an instant divorce under Muslim personal laws, where a man divorces his wife by uttering the word, "talaq" three times.

https://vakilsearch.com/mutual-divorce

#Vakilsearch #tripletalaq #TripleTalaqBill #LokSabha #tripletalaqtest #latestnews #divorce #mutualdivorce

The Big Picture - Triple Talaq Bill

What is Triple Talaq?
Triple talaq or talaq-e-bidat is an instant form of Islamic divorce practised by Muslims in India. Majorly, the followers of Hanafi Islamic School of Law. In such cases, a man can give instant divorce to his wife without her consent by uttering the word “talaq” three times. In opposition to this practice, many Muslim women filed public interest litigation in the Supreme Court terming it regressive.

Who is Shayara Bano?
Shayara Bano is the first crusade petitioner. She is a 35-year-old woman from Uttarakhand who fought the battle against this patriarchal custom. In 2015, she approached the court after her husband sent her a divorce via note containing the pronouncement of instant triple talaq. This angered mother of two children demanded that talaq-e-biddat be declared void as it violated the fundamental rights of Muslim women. She endured several challenges during this fight but received support from her father. Many victims later joined her and approached the court.

Why was it in the news?
The issue garnered media attention and sparked debate among Muslim communities, social activists and NGO's. A Muslim organization named Bharathiya Muslim Mahila Andolan launched a campaign to ban Triple Talaq as more than 90 % of 4170 Indian women were against instant divorce.

In August 2017, the Indian Supreme Court declared triple talaq unconstitutional and asked the government to ban the practice. The judges said that the law violated Article 14 and 21, which is related to equality and protection of life and personal liberty. It was a happy day for many Muslim women including social activists and the Bharathiya Muslim Mahila Andolan. Certain reports also claimed that the organisation had been fighting to ban triple talaq for over 70 years.

What is the Muslim Women (Protection of Rights on Marriage) Bill 2018?

On December 27, 2017, the Muslim Women (Protection of Rights on Marriage) Bill 2018 was introduced in the Lok Sabha. The bill declares the practice of talaq-e- biddat through any means written, pronounced or electronic as void and illegal. It also makes it a non-bailable offence, which states that a husband declaring triple talaq can be imprisoned for up to three years along with a fine. As the previous ordinance expired, a fresh bill was introduced in the first session of the Lok Sabha on June 21 2019. We are now waiting for this Act to come into practice as the Muslim Women ( Protection of Right on Marriage) Act 2019.