Triple Talaq Act 2019: Detailed Notes for UPSC & State PCS exam

Triple Talaq Act 2019

• As per a study, around 92% of Muslim women in India want to abolish triple talaq.
• As per the National Commission of Women (NCW), Triple talaq is one of the “highly misused” customs in society and it should be scrapped to protect the basic rights of Muslim women.
• The provision of ‘triple talaq’ has been abolished in almost 21 Islamic theocratic countries, including Pakistan.
• According to a study, the largest percentage of divorces in our society takes place among Muslim women.
• In 2016, the Allahabad High Court declared in a ruling that the practice of instant triple talaq is unconstitutional and violates the rights of Muslim women.
• In 2017, the Supreme Court declared Triple Talaq as unconstitutional in the Shayara Bano The court struck down the practice of giving divorce to his wife by uttering the word “talaq thrice on the grounds of violation of Art 14 and Art 21 of the constitution.

What is the triple talaq issue?

• ‘Triple Talaq’ or ‘Oral talaq’ was a practice of divorce in Islam according to which a husband can divorce his wife by just pronouncing the word ‘Talaq’ thrice. After the pronouncement of ‘Talaq’ thrice, the Muslim women will be treated as divorced with immediate effect, and the Muslim man can marry again with any other women.
• As per the constitution, the Muslims are treated as the biggest religious minority group in the country and the constitution allows Muslims to regulate their matters such as marriage, divorce, inheritance, and other important issues through their own civil code.
• The practice of triple talaq is neither mentioned in the Quran nor Hadis and is not as per Sharia Law in Isl
• However, in Shayara Bano case of 2017, the Supreme Court examined how much it can interfere in Muslim laws on family-related issues while hearing a plea to end the practice of ‘Triple’ talaq which permits Muslim men to give divorce to their wives by saying talaq three times.
• The Supreme Court declared this inhumane practice of ‘Triple’ talaq as unconstitutional and requested to the Government of India to frame a law on the issue.
• Accordingly, the Government of India framed a law known as the Muslim Women (Protection of Rights on Marriage) Bill 2019, which has now been passed by both the houses of parliament and will become law on the accent of the President of India.

Key provisions of Muslim Women (Protection of Rights on Marriage) Bill 2019

• The Bill makes any kind of declaration of talaq by words or in writing in hand or through any electronic form, as void and illegal and not enforceable in law.
• Definition: It defines talaq-e-bidder or any such other form of talaq practised by a Muslim man in which he can give instant and irrevocable divorce by just pronouncing ‘Talaq’ thrice in sitting. 
• Offence and penalty: The Muslim Women (Protection of Rights on Marriage) Bill 2019 makes the practice of talaq a cognizable offence, resulting in up to three years’ imprisonment with a fine.  (A cognizable offence means a police officer may arrest an accused without a warrant).  The offence will be cognizable only if a written complaint is filed by a victim Muslim woman divorced through ‘Triple’ Talaq or any relative of women related to her by blood or marriage.
• Grant of bail by the Magistrate: The Magistrate may grant the bail only after hearing the woman against whom ‘Triple’ talaq has been pronounced after getting satisfied that there are reasonable grounds for granting bail.
• The compounding clause and their application by the Magistrate: Compounding here means the procedure where both sides agree to stop legal proceedings and settle the dispute through mutual agreement.  The Magistrate will have the powers to set the terms and conditions of the compounding of the offence.
• Subsistence Allowance: Any victim Muslim woman divorced through ‘Triple’ Talaq, is entitled to subsistence allowance from her husband for herself and her minor children. The magistrate will have the power to determine the amount of subsistence allowance.
• Custody of minor children: Any victim Muslim woman divorced through ‘Triple’ Talaq is entitled to seek custody of her minor children. The Magistrate will have the powers to determine the manner of custody.

Benefits of the bill

• Through this Bill, Muslim women will be treated inequality on par with Muslim men.
• This will empower Muslim women and strengthen gender justice.
• Triple talaq was adversely impacting the dignity and rights of Muslim women and will strengthen the constitutional principles and international laws.
• The penalty and arrest, in this case, will act as a “necessary deterrent” in the repetition of future incidents.
• It will create a voice against any other arbitrary and unconstitutional practice being followed in the name of religion.
• The law will also help in giving justice and respect for the women in the country.
• The provision of maintenance or subsistence allowance will help in strengthening the family and social structure of the society.

Concerns of the Bill

• The Supreme Court invalidated this Triple Talaq practice and declared it arbitrary and unconstitutional.
• Logically the Talaq-e-bidder does not dissolve the marriage. However, the bill presumes that the ‘pronouncement’ of Talaq can instantaneously and irrevocably dissolve the marriage.
• After rendering Talaq-e-bidder inoperative and considering it as a crime and making it a cognizable offence is raising the questions.
• Making provisions on the post-divorce issues like subsistence allowance and custody when the pronouncement of triple talaq itself does not dissolve the marriage appears something hard and baseless.
• If the Muslim man will be kept in custody then who will give the subsistence allowance.

Significance and way forward

• The penal provisions to discourage the practice of triple talaq do not take into account the issues of economic security of the women and hence their needs are to be taken care of.
• The government should strengthen the negotiating capacities of the women and should focus more on saving the marriage and family.
• The government should provide economic support to the affected women and children if her husband is put behind the bars.
• The uniform civil code needs to be thought about and related laws need to be framed for the same.