More Than 90 Million Muslim Women Are The Victim ‘Tripal Talaq’ In India!

Triple Talaq is a serious issue of concern for over 65 years for Muslim women in India, comprising of over 8% of the total population as per 2011 census.

Triple Talaq is a serious issue of concern for over 65 years for Muslim women in India, comprising of over 8% of the total population as per the 2011 census. It is an act of instant divorce simply uttering ‘talaq’ three times without the consent of the wife or without any valid reason. Fundamentally there are three forms of talaq i.e. Talaq-e-Biddat (triple or instant talaq), Hasan and Ahsan (revocable). Biddat pronounces divorce in one goes by the husband which is irrevocable. In today’s time, the modes of talaq have transformed, it happens over social networking sites, over the internet, Email, WhatsApp, Post etc.

The practice of triple talaq got highlighted when Shayara Bano a 37years lady took her case to Supreme Court calling it an ‘Unfair Practice’. She highlighted how 90 million Muslims suffered from this practice and thus demanded this triple talaq be completely abolished. Many victims like her knocked on the door of the court seeking justice and a strict law against the unfair practice. Several campaigns have been conducted in different parts of India, hoping to protect future women and build a balance of gender equations where women too have a voice, decision, right, and consent for making any decision in the democratic country. 

The Muslim Personal Law Board, Shariat Act 1937, supports the ‘triple talaq’ practice. Women have to move to court for divorcing her husband and cannot divorce by the means of Triple talaq like husband do. However, the Muslim husband can divorce his wife by merely uttering the word “talaq” three times (Oral or Written).

In the case of Shah Bano in 1985, the Supreme Court granted the right to allowance from her husband. However, the government passed the “Muslim Women Protection of Rights on Divorce Act 1986 which weakened the positive influence created by the Shah Bano. In 2001, Anr versus & Danial Latifi Union of India, the Supreme Court supported the legitimacy of the Shah Bano judgement. In August 2017, a five-judge bench of the Supreme Court declared triple talaq unconstitutional and passed ‘The Muslim Women Protection on Right to Marriage Bill’ by Narendra Modi. This was the result of a petition filed by Shayara Bano, (Victim of Triple talaq) whose husband divorced her sending a letter written as talaq three times.

On September 2018, India’s government criminalized the practice of instant triple talaq as a criminal offence punishable by up to three years of imprisonment and a fine. The act means that any Muslim husband trying to end his marriage by uttering “talaq” three times through any mode, will now face time behind bars for three successive years. 

Arguments against triple talaq

• Islamic countries including Bangladesh, Indonesia, and Pakistan have forbidden this practice. Therefore in a democratic & secular country like India, such practices should not be encouraged or supported.   
• This practice harms the constitutional principles of secularism, gender equality, the right to life & dignity, etc. It goes against the fundamental rights (Right to Equality) Article 14 and Article 15(1) right to non-discrimination, Article 21 right to life and Article 25 right to religion.
• The Supreme Court declared that the practice of triple talaq is unconstitutional and is not secured by the Right to religion (Article 25) which honours the sovereignty of religion. In December 2016, the Allahabad High Court stated that there is no personal law board above the constitution.
• New-age technology added to the brutality of the situation by giving birth to a variety of modes of triple talaq such as Skype, Facebook, text messages WhatsApp, letters and email.

Some cases of Triple talaq in India

1. Shayara Bano, her petition sparked Triple Talaq abolition 

Shayara Bano, a 37-year-old postgraduate woman made the national headlines with her petition in the SC questioning the legitimacy of triple talaq.

She was made to undertake six abortions by her husband who forcefully gave her pills which ruined her health.

Her husband then posted a letter of ‘talaqnama which led to her taking an alternative to the courts to get justice against the triple talaq. The issue came to the forefront when she petitioned the Supreme Court, demanding a ban on the triple talaq, nikah halala, and polygamy practice under which a divorced woman has to marry another man again, complete the marriage and then again divorce if she decides to go back to the first husband.

Thousands of Muslim women came forward across the country forming spearheaded signature campaigns and pressure groups demanding the eradication of the practice.

2. Afreen Rehman given ‘talaq’ via Speed Post

Afreen Rehman, a 25-year-old woman got the tremor of her life when she received a mail from her husband via ‘Speed Post’. It was written a divorce, ‘Talaq, Talaq, Talaq’ in the mail.

She read the three words mail, again and again, looking at her 3-year-old daughter playing with toys.

Her husband had articulated his purpose clearly and loudly. As if the ruthless torture with never-ending demands for dowry, then was being kicked out.

Afrin then moved to the Supreme Court to file a petition against Islam’s ‘triple talaq’ provision seeking to ban the practice. Saying it's completely unfair, wrong, injustice and unacceptable.

3. ‘Triple talaq’ via WhatsApp

A 21-year-old groom left for Dubai ten days after the marriage. After remaining out of touch for around three weeks, he sent her a WhatsApp message writing “talaq talaq talaq”.

The unpredicted talaq devastated the woman and her family. Overpowering the preliminary shock, she lodged a complaint at the women’s commission’s Adalat in Pala, Kottayam.