Table of Contents
Triple Talaq has been a very common practice for divorcing in Muslim culture and it has become a very problem because of how it is perceived by the people of the community and how miss used it is by the Muslim man to get rid of their wives. However, there are some measures taken to prevent Triple Talaq by the Indian Government. You can check out the specifications related to the Triple Talaq act and Triple Talaq bill in order to no more about the measures which are taken by the Indian government in order to stop this evil practice which was getting misused to buy the Muslim man. A law was passed against the practice in the year 2019 and since then it has been abolished by the Indian law.
Triple Talaq is a form of divorce which was practised in Islam as per the rules and regulations which are mentioned in their religious book. Triple Talaq means that a Muslim man could divorce his wife by pronouncing the word Talaq three times. The Muslim man does not need to have any specific reason in order to file for this divorce and this divorce also doesn’t need any legal documents to come into effect as stated by the scholars according to the rules and regulations. Also, the wife needs not to be present at the time of saying the three words. This practice was followed by Muslims all around the world. Many women were against the idea of this rule and their demand of banning the Triple Talaq practice.
Problems With Triple Talaq
Many complaints were done regarding the practice of triple Talaq from the Muslim women for a very long time many women were suffering from mental and physical torture by their husbands and their families for not full filling their various demands and they were also threatened by triple Talaq by their husbands. Triple Talaq was a practice that definitely favoured the man in the relationship because the man can see the words three times and the marriage was over without having to hear the other side of the story from their wives. The supreme court of India then interrupted that this practice was definitely cruel towards the marriage and the wife because it left no space to reconcile the marriage.
Prevention Of Triple Talaq
The supreme court of India passed a decision on 22nd August 2017 and it stated that the practice of this divorce was a violation of article 14 of the constitution. The decision was taken after taking into account that this practise was against the constitutional morality and dignity of the women and also the principles of gender equality. It was also against the gender equity which was guaranteed by the constitution of India. However, the practice of triple talaq continued. More than a hundred cases of triple Talaq were still found after the judgement of the supreme court was passed from 22nd August 2017 to 28 December 2017. The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 was promulgated on the 19th of September 2018 and two more Ordinances were promulgated thereafter. Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019 on 25th July 2019 and the Rajya Sabha too passed it on 30th July 2019. After receiving the assent of the President of India, The Muslim Women (Protection of Rights on Marriage) Act, 2019 came into force with retrospective effect on the 19th of September 2018.
Punishment For Practicing Triple Talaq
With the development of the Muslim Women (Protection Of Rights On Marriage Act) 2019 instant divorce which was guaranteed by the Muslim man was pronounced void and illegal. if you are practising triple Talaq then you can get imprisonment for 3 years and a fine is also imposed upon the husband. The custody of the children and the allowance will also be paid by the husband. Muslim women now have legal protection against the whimsical and irrational pronouncement of Triple Talaq. The Act also works as a deterrent for husbands who intend to divorce their wives in this manner. The number of cases which were filed due to triple Talaq was allowed because of the measures taken by the Indian Government and this was a way to celebrate that the problem was definitely being abolished step by step.
After Effects Of Triple Talaq Law
There were a lot of measures which were taken by the Indian Government in order to abolish the practice of Triple Talaq and this abolishment has led to women’s empowerment. The women are provided dignity in the society and they can finally say their story without having to just meet with the divorce even when they are not present at that time when the divorce is happening. The government has definitely worked on self-reliance, self-respect and the self-confidence of the women of the country and through this act which was passed by the Government, the constitutional rights of the Muslim women were protected. The Muslim women’s rights day was also observed across the country on 1st August 2021 in order to celebrate the enactment of the law against the Triple Talaq.
Entri is a learning platform which was created by well-known experts in the industry in order to help people get knowledge regarding the competitive examinations which are held across the country. The students will be able to get most of the information related to the various competitive examinations and also various general knowledge topics that will help them to prepare for the competitive examinations. You can check out the video courses available on our platform and also the mock test series which is available in order to help the candidates check the knowledge that they have learnt. Enrol now!