CURRENT AFFAIRS
TRIPLE TALAQ
Instant Triple Talaq, also known as Talaq-e-
biddat is a Islamic form of divorce where in a
man could say the word 'talaq' thrice orally,
written or in modern day via an electric
medium too and divorce his wife.
Also triple talaq can only be used by Muslim men and
not women. This makes it violate Article 14 of the
Indian constitution as it can deemed as gender
biased law. Recently the government passed a
Muslim Women (protection of rights on marriage) Bill
which not only banned the practise of triple talaq but
also criminalised it with a jail term of maximum 3
years. Passing of this bill can also be seen as a step
towards Uniform Civil Code. Uniform Civil Code is
mentioned under article 44 of the constitution, which
is a 'directive principles of state policy' meaning the
set of ideals the government should keep in mind
while framing any law.
Instant Triple Talaq is also banned in Islamic
countries like Saudi Arabia, Pakistan, Bangladesh,
Egypt and many more. The reason why this topic had
been a hot discussion among people even when it
completely went against the very ethos of the
constitution especially in a nation where constitution
is supreme is because this bill also in a way breaches
another fundamental law of the constitution, that is
the Article 27 which bestows people to practise their
religion of choice.
The First controversy in India with triple talaq was
with the 'Shah Bano case'. Shah Bano, married in
1932 and separated from her husband in 1975, was
the 62 year old wife of a well-off advocate in Indore
when she approached the court in April 1978 for
maintenance. An instant triple talaq was uttered
against her inside the Indore court only after the
judge, in course of the plea, said that under Muslim
Personal Law, she was entitled to maintenance.
The AIMPLB argues that the court in the course of
time has declared triple talaq as void. So technically
the act of its pronouncement cannot be construed to
be a criminal offence or even as a simple wrong or a
civil wrong or a civil wrong. While the government
argues that Muslim marriage and divorce is codified
under Section 2 of the Shariat Act of 1937 and came
within the ambit of 'law' under Article 13 of the
constitution. Hence, they should abide by the
principles of dignity and non-discrimination.
"samastha Kerala Jamiathul Ulema', a religious
organisation of Sunni Muslim scholars and clerics in
kerala, and the Delhi based advocate Shahid Ali have
claimed that the Act is violative of Articles 14, 15 and
21 of the constitution and is liable to be struck down.
So we would have to wait and watch how things
would finally unfold.
article by Advait Nambiar