Talaq-e-Biddat (triple talaq) is a kind of divorce that is practised by Muslims. It is an instant divorce that can be given by a husband by pronouncing ‘talaq’ three times and it is irrevocable. It has been practised for over 1,400 years. Even though it has been considered ‘Sinful’ by Islam it is still permissible and many women have fallen prey to it.
Why It Is In Limelight
Shayara Bano, one of the women who was a victim to Triple Talaq, petitioned the Supreme Court to ban the triple talaq and nikah halala in February last year. Petitions by four other women were tagged with Bano’s plea.Later pressure groups were formed by thousands of muslim women and it attracted a lot of media after Bharathiya Muslim Mahila Andolan (BMMA) launched campaigns to ban this kind of divorce practice.
The BMMA activists have clearly highlighted the misuse of this practise, by citing cases where husbands divorced their wives through phones and text messages. According to the survey conducted by BMMA, more than 90 percent of 4,710 women wanted a ban on triple talaq.
Though there have been a lot of discrepancies on the allegations made by BMMA, the triple talaq is indeed considered as a gender inequality and as already been banned by many muslim countries including Pakistan.
The Woman Behind The Move
It all started when Shayara Bano, a 35 year old women, challenged the practise in 2016, a year after her husband of 15 years divorced her through this practise. She claimed that her husband divorced her when she was at her parents home. He had sent her a talaq-nama from Allahabad when she was in Uttarakhand. She also told that her in-laws were demanding for money and also her husband threatened her to give divorce if she found any fault in her. Later many other women joined the petition and claimed that even they were victims of triple talaq.
The triple talaq case was later joined by four other women Aafreen Rehmana, who was also a victim of triple talaq, when she went back to her parents house after her in-laws started harassing her. Later she received a letter from her husband divorcing her. Gulshan Praveena, who was also a victim of dowry and her husband divorced her on a Rs.10 note. Isarat Jahana, whose husband divorced her on phone. Aatiya Sabria whose husband divorced her on a piece of paper.
Supreme Court’s Judgement
A five judge Supreme Court on Tuesday termed triple talaq as unconstitutional by 3-2 majority. While CJI J S Kehkar and Justice Nazeer argued that triple talaq is legal and a fundamental right other judges however claimed that it was void and illegal. The Supreme Court put a six-month stay on practise of muslim men giving divorce to their wives. It has ordered that the practise should be banned in six months. The judgement was welcomed by the Government and other political parties.
Triple Talaq is indeed unconstitutional and it violates the fundamental rights written in the constitution. It paves a way to gender inequality and we have to welcome and accept the judgement made by the Supreme Court in this regard. Every person has the right to be bestowed with equal rights. Let’s hope that the heinous crimes made against the muslim women in India comes to an end through this stand taken by the Supreme Court.