In a historic development, the 1st of August was recently declared as the “Muslim Women Rights Day” in India. This marked the one-year anniversary of the passage of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The passing of this law was significant as it criminalized the practice of triple talaq.
Understanding Triple Talaq
Triple talaq is a controversial practice followed primarily by India’s Muslim community, particularly those following the Hanafi Islamic school of law. In this tradition, a man can divorce his wife simply by saying the word ‘talaq’ three times. However, women do not have this right and are required to go to court to obtain a divorce under the Sharia Act, 1937. The practice of triple talaq is prohibited in many Islamic countries, including Pakistan, Bangladesh, and Indonesia.
Main Provisions of the 2019 Act
The Muslim Women (Protection of Rights on Marriage) Act, 2019 introduced several crucial provisions. The Act made any declaration of talaq, either in written or electronic form, void and illegal. As such, declaring talaq has become a cognizable offence – an offence where a police officer may arrest the accused without a warrant. If found guilty, the person can be sentenced to up to three years in prison, along with a fine.
Bail can be granted to the accused, but only after hearing the woman against whom talaq has been pronounced. If there are reasonable grounds for granting bail, the Magistrate may do so. Additionally, the offence may be compounded if the woman requests it. In such cases, Muslim women against whom talaq has been pronounced can seek subsistence allowance from their husband for themselves and their dependent children.
Constitutional Implications and Provisions
The Supreme Court has ruled that triple talaq is in violation of Article 14 of the Constitution, which guarantees the right to equality. This stems from judgments ranging from the Shah Bano case in 1986 to the Shayara Bano case in 2017.
Article 25 of the Constitution, which ensures freedom of practice and propagation of religion, has also been taken into account. Although this article allows for religious freedom, it doesn’t protect practices that negatively impact a citizen’s welfare. As triple talaq denies a Muslim woman’s right to equality before the law, Article 25 is overridden by Article 14. Additionally, triple talaq can be seen as discriminatory based on sex, thereby violating Article 15 (1) of the Constitution.
Looking Ahead
Since its implementation, the Act has led to a significant decrease in triple talaq cases in India – about an 82% decline. It has acted as a springboard, boosting the self-reliance, self-respect, and self-confidence of Muslim women throughout the country. The law marks a positive step towards ensuring gender equality, and in reinforcing constitutional, fundamental and democratic rights of Muslim women.
