Bangalore: A bench of five judges headed by Chief justice J K Khekar declared triple talaq as “unconstitutional” and “arbitrary” and banned it on August 22, 2017.
More than 20 Muslim countries including Pakistan, Afghanistan have banned this Muslim law previously. The reason Triple Talaq persisted in India is because one was allowed to follow it’s religious law in matters like Marriage, Divorce, Inheritance and Adoption which are considered as personal. All over India, this judgement has gained huge applause except the All India Muslim Personal Law Board (AIMPLB) which said that it would boycott any such move.
Let’s see on why this judgement has considered a huge success:
Triple talaq or instant triple talaq is a form of divorce in Muslim community in which a husband can end his marriage with a woman by pronouncing ‘talaq’ thrice or saying it three times simultaneously in three sentences in a single sitting or sending it as a text message. One such victim of triple talaq, Arshiya Ismail states that she did not even hear her husband utter the words. She told the Guardian last year, “One day, suddenly, he told me he had given me talaq. He said: ‘I gave it to you four days earlier'”
In this type of divorce form, there is no such thing called mutual agreement. It solely involves the decision of a man to end a marriage without the consent of the other half thereby making women’s rights sidelined.
According to AIMPLB, the affidavit says Triple Talaq provides security to the woman by explaining Marriage is a contract in which both the parties are not physically equal. Male is stronger and female weaker. Man is not dependent but the woman is the one who is dependent. If there develops serious discord between the couple and husband does not at all want to live with her, legal compulsions of time consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive. This law inturn eliminates such discrimination and will guarantee equal rights for women especially the Muslim women.
By triple talaq, a man without any prior reason or iddat period can end his marriage contract with his wife thereby eliminating the need of alimony after separation leaving the women highly insecure and unstable in financial issues after talaq.
Many believe that striking down triple talaq is a step towards achieving the ultimate goal of a uniform civil code and is not related to religion but social reform.
This judgement is considered historic and welcomed by all community people leaving a few with confusions.