Table of ContentsThe Petition Against Triple TalaqTriple Talaq and Its AftereffectsImportant Points of Triple TalaqCurrent StatusIn our country, India, there are many social injustices , especially those related to religion. This is how I will deal with the triple talaq bill, which is one of the most recent issues. On August 22, 2017, the Supreme Court of India declared triple talaq or instant divorce as unconstitutional or arbitrary in a landmark judgment. The Islamic practice of men divorcing their wives by declaring 'talaq' or divorce three times – a criminal offense has been introduced in the Lok Sabha. Law Minister Ravi Shankar Prasad termed the 'Muslim Women (Protection of Rights in Matters of Marriage) Bill' as an attempt to bring justice2 and respect to women, not any religion or community . In August, a five-judge constitutional bench of the Supreme Court ruled that instant “Triple Talaq,” which irreversibly ends marriage, was unconstitutional. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get an original essay In a split verdict, three out of five judges said that this practice of saying talaq three times in a single sitting or over the phone , email, messages etc. is the violation of Muslim women's right to equality and against gender justice. This is not mentioned in Islam and therefore cannot continue. The Chief Justice of India and Justice A Abdul Nazeer argued for the suspension of instant talaq and asked the government to bring in a law to regulate the practice within six months. However, the majority verdict of three judges overrides their view. This law was against the Islamic religion and against the Islamic regime while, on the other hand, it also helped Muslim women who were struggling to get this bill. In Islam, marriage is a social contract whose conditions are clear and must be recorded in a nikah (marriage contract). Additionally, it offers positive requirements for a wife such as Meher (dowry). Triple talaq is not mentioned anywhere in the Quran, and perhaps this is why it is illegal in most Muslim countries. The Quran gives both husband and wife the same right to seek divorce. Triple talaq should be abolished as it is not Quranic and goes against the spirit of the Constitution and last but not least, it is unjust and inhumane. The petition against triple Talaq The petition against instant divorce was filed two years ago by Shayara Bano and four other women who were divorced by their husbands by letter mentioned talaq three times. Her children were taken from her and faced much discrimination and death threats. The Supreme Court also named the Bhartiya Muslim Mahila Andolan as a party considering the survey which found that 92% of Muslim women want the abolition of triple talaq. This is the first time in India that Muslim women are challenging an Islamic practice as a violation of their fundamental rights. Muslim women have spoken out openly against discriminatory practices in the name of Islamic practices. Triple talaq and its consequences. According to Islamic law, the right given to a Muslim man to divorce his wife by simply making a clear declaration is known as talaq. There are three types of talaq – Talaq –e-Ahsan where the husband declares talaq once followed by abstinence for 90 days. If the couple resolves their differences within the stipulated time, the talaq is cancelled.Talaq-e-Hasan where the husband pronounces talaq three times in three months with an iddat or detention of one month each. If the disputes are resolved within the stipulated time, the talaq is considered revoked. Otherwise, the divorce becomes final after the third talaq. Talaq –e- Biddat is when the husband says talaq all at once and it becomes effective immediately. It is irrevocable as soon as it is pronounced. The Supreme Court of India struck down Talaq-e-Biddat for being unconstitutional and against the dignity and rights of women. Talaq-e-Biddat instant divorce is banned in 22 Muslim countries as it is arbitrary. This makes the declaration of talaq-e-biddat “void and illegal”. According to section three of the bill, “Any declaration of talaq by any person in respect of his wife, whether by words, oral or written, in electronic form or in any other manner whatsoever, shall be void and unlawful . » This decision is supposed to guarantee justice for Muslim women who have been victims of domestic violence and harassment. Important Points of Triple Talaq According to the proposed law, “any statement of Talaq” by any person – whether spoken, written or in electronic form or in any form whatsoever. in any way - will be invalid and illegal. It also aims to punish a Muslim man who attempts to divorce his wife using “Triple Talaq” with a maximum prison term of three years and a fine. But unlike most other criminals. For offenses punishable by three years, the bill makes the offense cognizable. This means that a Muslim woman will not need to go to court but to the police, who can immediately arrest the man without a warrant. a non-bailable offense that involves only the court - not the police - can release the man on bail. The bill also allows women on whom Talaq is pronounced custody of their minor children. The woman can also request subsistence. allowance for herself and her dependent children. A magistrate will decide the amount of this allowance taking into account the husband's income. Law Minister Ravi Shankar Prasad said the jail term was included in the provision because cases of instant divorce by Muslim men continued to be reported despite the top court's ban. Ravi Shankar Prasad told the Lok Sabha that the government has been able to trace 300 cases of instant 'Triple Talaq' in India this year. Nearly 100 such cases have been reported. The Congress supported the government on the bill but suggested some changes to bring in provisions to protect Muslim women. During the debate in the Lok Sabha, many opposition leaders demanded the government to review the provision providing jail term for the Muslim man who attempts divorce through instant 'Triple Talaq'. It was pointed out that the man would not be able to provide a living allowance if he was imprisoned. The government put that fear to rest by saying the courts were free to release the man on bail. In addition, the magistrates were given carte blanche to send the man to prison for a shorter period. The law does not specify the minimum prison sentence that those found guilty should serve. Current status Out of an example of 4,710 women, 525 had divorced. Among them, 346 women were divorced orally, 40 women received a divorce letter from their husbands, and 18 women divorced by telephone, one by SMS, three by email, and 117 by other methods. In the same study, 92% of those accused called for a legal ban on the practice of oral, individual or triple divorce. Case studies..