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Explanation in the Video is in Hindi. Here is the text in English
HIGHLIGHTS FROM VIDEO
- Very Recently, Supreme Court Banned Instant Triple Talaq and declared it Unconstitutional.
- The most important thing to note here is that Supreme Court banned Instant Triple Talaq and not Triple Talaq itself.
- So, what’s the difference between the two? We need to understand this properly as most of the Newspaper and Test Prep Platforms are talking about Triple Talaq being banned; which is false information.
The Verdict : CONSTITUTIONAL BENCH
- Few Muslim Women had filed a PIL in the Supreme Court requesting that Instant Triple Talaq is Unconstitutional and should be banned immediately.
- The Supreme Court accepted the PIL and formed a Constitutional Bench of 5 Judges.
- After hearing the arguments of all the concerned parties, the Supreme Court (with a 3:2 Vote) ruled against Instant Triple Talaq and deemed it as Unconstitutional.
- The Supreme Court order is valid for 6 months and the Government was asked to frame a relevant law & pass it in the Parliament till that time.
WHAT IS TRIPLE TALAQ?
- Before discussing Instant Triple Talaq, we need to understand what is ‘Triple Talaq’?
- TRIPLE TALAQ is a form of divorce that is practiced by Muslims in India. It has been a subject of controversy and debates within the country, raising the issues of justice, gender equality, human rights and secularism.
- According to Triple Talaq, a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media.
- A divorced woman may not remarry her divorced husband unless she first marries another man, a practice called Nikah Halala.
- The man need not cite any cause for the divorce and the wife need not be present at the time of pronouncement. After a period of iddat, during which it is ascertained whether the wife is pregnant with a child, the divorce becomes irrevocable.
- Triple Talaq comes under Muslim Personal Law (Shariat) Application Act, 1937 (Muslim Personal Law). It replaced the so-called “Anglo-Mohammedan Law” previously operating for Muslims, and became binding on all of India’s Muslims.
In the recommended practice, a waiting period is required before each pronouncement of talaq, during which reconciliation is attempted.
WHAT IS INSTANT TRIPLE TALAQ?
- It has become common to make all three pronouncements in one sitting (Instant Triple Talaq).
- Instant Triple Talaq is an offshoot of Triple Talaq where the muslim husband speaks Talaq thrice in one go instead of speaking it three times in a gap; once every month.
- Also known as “Talaq-e-biddat” (instant divorce); “it is manifestly arbitrary which allows a Muslim man to break down marriage whimsically” said the Supreme Court.
“It cannot be considered as integral part of personal law and cannot have constitutional protection. It is against Quran and violates the Shariat” – Supreme Court
WHY WAS IT BANNED?
- The practice has faced opposition from various Muslim women. Some of them had filed PIL in Supreme Court of India against the practice terming Instant Talaq as “regressive”.
- During the hearings before its final judgement, the Supreme Court of India, on 13 May 2017, has described Instant Triple Talaq as the “worst form of marriage dissolution”.
- The petitioner has asked for scrapping of section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, terming it against the Article 14 (Equality) of the Constitution.
- Supreme Court noted that the custom is banned in Muslim-majority countries Saudi Arabia, Morocco, Afghanistan and Pakistan.
- India now has joined 18 other countries where this practice is banned.
Instant Triple Talaq “is not integral to religious practice and violates constitutional morality”, said the judges who are from major faiths India – Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
- Supreme Court Decision is in the right direction as it ensures Equality to Muslim Women with a level playing field. Triple Talaq is not a solution for Divorce which should be granted only by Courts.
- The Supreme Court had asked the Government to draft a law and the Parliament must pass it within 6 months of the verdict. Now it is the responsibility of the Legislative Body to enact a fair and just law abolishing Instant Triple Talaq (Talaq-e-biddat) with a larger debate on the entire Triple Talaq concept.
- This landmark judgement paves way for greater debate regarding Universal Civil Code by enacting laws based on Article 44 & moving towards Secular Laws in future.