This article is written by Moumita Banerjee, student of 5th Sem of 3yrs LL.B.(H) course under Burdwan University, West Bengal during internship with LeDroit India.
■Keywords:-
- Triple Talaq
- Personal Law Challenges
- Muslim Women Act, 2019
- Supreme Court verdict
- Criminalization of Triple Talaq
- Gender Justice
■ Introduction:-
Supreme Court of India declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional in August 2017. Following this landmark judgment, the Muslim Women (Protection of Rights on Marriage) Act, 2019, was enacted, making instant triple talaq a cognizable and non-bailable offense punishable with up to three years in prison.
■Background on Triple Talaq Judgment:-
In “Shayara Bano v. Union of India” (2017), the Supreme Court declared instant triple talaq unconstitutional by a 3-2 majority. The judgment led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Muslim Women (Protection of Rights on Marriage) Act, 2019:-
-Provisions:
– Declares instant triple talaq void and illegal.
– Makes pronouncement of triple talaq a cognizable and non-bailable offense punishable with up to three years in prison.
– Provides for maintenance of the wife and custody of minor children.
– Challenges: Petitions were filed in the Supreme Court challenging the constitutional validity of the Act.
■Key Developments Post-2019 SC Verdict
– Criminalization of Triple Talaq: The Muslim Women (Protection of Rights on Marriage) Act, 2019, declares triple talaq void and illegal, with punishment for the husband.
– Challenges to the Act: Several petitions were filed in the Supreme Court challenging the constitutional validity of the 2019 Act, arguing it unfairly targets Muslim men and criminalizes a civil matter.
– Supreme Court Hearing: In January 2025, the Supreme Court sought details of FIRs and chargesheets against men who invoked instant triple talaq under the 2019 Act.
■Arguments For and Against the Act:-
– Supporters’ View: The Act is seen as a step towards women’s empowerment and gender justice in the Muslim community.
– Critics’ View: The Act criminalizes a civil matter, could be misused, and disproportionately affects Muslim men compared to other personal laws.
■Implications and Challenges:-
– Impact on Muslim Women: The abolition of triple talaq is seen as a victory for constitutional morality and gender justice.
– Awareness and Implementation: Lack of awareness among Muslim women, especially in rural areas, and resistance from conservative groups pose challenges to effective implementation.
■Uniform Civil Code Debate:-
– All India Muslim Personal Law Board’s Stance: The board opposes the Uniform Civil Code, considering it impractical and undesirable in a multi-religious country.
– BJP’s Agenda: The Bharatiya Janata Party has expressed intention to introduce a Uniform Civil Code.
■Landmark Cases
– Shayara Bano v. Union of India (2017): Declared instant triple talaq unconstitutional.
– Challenges to Muslim Women (Protection of Rights on Marriage) Act, 2019: Ongoing case with the Supreme Court seeking details on FIRs and chargesheets.
Conclusion
The post-2019 developments on triple talaq highlight the complexities of balancing gender justice, religious freedom, and legal reforms in India’s diverse societal context. The Supreme Court’s ongoing consideration of challenges to the Muslim Women (Protection of Rights on Marriage) Act, 2019, will shape the future of personal law reforms in India.
