WHAT IS TRIPLE TALAQ?

Very simply put, Triple Talaq is (now was) a form of instant divorce by Muslims (especially in India) (none of the Muslim majority countries practised this). Using Triple Talaq Muslim men can divorce their wife just by saying the word ‘talaq‘, three times either orally, in written form or in present times even by electronic means like WhatsApp or email.
The word ‘talaq‘ means ‘divorce’
So if a Muslim man says ‘talaq talaq talaq’ then it means he has divorced this wife

SUPREME COURT ON TRIPLE TALAQ

The Supreme Court by 3:2 majority had in a verdict in August last year declared Triple Talaq illegal and unconstitutional. The bill to criminalise “talaq-e-biddat” was passed by the Lok Sabha in winter session but could not be passed by the Rajya Sabha with the opposition parties having reservation over criminal provisions in the draft law.

Bare Acts PDF

GOVERNMENT ON TRIPLE TALAQ

The government in August approved three amendments to the ‘Muslim Women (Protection of Rights on Divorce) Act, 1986‘. According to the new amendments, the proposed law will remain “Non-bailable“, and the accused can approach a magistrate even before trial to seek bail. Under a Non-bailable law, bail cannot be granted by police at the police station itself. For that the accused needs to approach a Magistrate.

Another amendment makes it clear that the police would lodge FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage.

The third amendment makes the offence of instant triple talaq “compoundable“, where a magistrate can use his powers to settle the dispute between a husband and wife.

On Wednesday, 19th September 2018 union cabinet has passed as ordinance to criminalise Triple Talaq. As soon as the President would give his assent upon the ordinance it will become law.
Though Supreme Court last year held it unconstitutional and annulled Triple Talaq but the practice continued incessant. But today by the way of ordinance such derogatory practice has been criminalised and has marked dignity of women as an essential one.

By passing such ordinance the Government has upheld the principle that life commands self respect and dignity.

Muslim Women Freedom

This article has been written by Arushi who is a final year law student from New Delhi, India. You too are welcome to write.