54. (SOCIAL-39) TRIPLE TALAQ in INDIA.
The Indian Union ministry in a response to a clump of petitions against polygamy and Triple filed an affidavit to the Supreme Court of India against such practices on 7th October 2016. Practices such as Triple Talaq, poly gamy, nikah halala can't be considered as a part of religious practices and needs to reconsidered by the top court in the light of the principles of Gender justice, overriding principles of equality, dignity and nondiscrimination as well as evolution of women.
Saira Bhanu, first woman to challenge the Muslim personal Law in India moved to the Supreme court against the practice of instantaneous Talaq under Muslim Law. This case was popular as "SHAH BANO" case. A report from the Indian union to the top court in this case suggested Specific amendments in the dissolution of marriage Act,1939 but also provides for interim maintenance.
As of now 22 countries have abolished Triple Talaq taken in one sitting including Iran, Iraq, Bangladesh, Indonesia and Pakistan. However "All India Muslim personal Law Board" has been opposing Muslim personal Law. It is to be noted that only Sunni Muslims follow this practice not Shia.
Muslim marriage is a contract. Hence it can't be rescinded unilaterally. Divorce can't be taken without the other party's consent. Declaration of Talaq shall not be given force as it is detrimental to the fundamental rights of the person.
The Supreme Court of India acted on a plea filed by six petitioners which included Shayara Bhano, Ishrat Jahan, Bharatiya Muslim Mahila Andolan, Gulshan parveen, Afreen Rehman and Atiya Sabri. After multiple hearings, the practice was declared void by the top court last year 2017. A five Judge Constitution bench was set up to hear the plea in May 2017. The Court made it very clear in its proceedings that “we will only look at Triple Talaq and whether it is constitutional and not go into issues such as polygamy.” The Supreme Court, in a landmark judgment, set aside the centuries-old practice of triple talaq.
When the Hon'ble Supreme Court declared the practice of instant talaq is illegal, the government hailed the decision by calling it a red letter day for women rights in India. The government said it was ready to bring in a new law to regulate the practice of divorce among Muslims.
However the All India Muslim Personal Law Board has been against with the government decision to bring into a law to criminalise the practice of instant talaq.
The Supreme Court of India acted on a plea filed by six petitioners which included Shayara Bhano, Ishrat Jahan, Bharatiya Muslim Mahila Andolan, Gulshan parveen, Afreen Rehman and Atiya Sabri. After multiple hearings, the practice was declared void by the top court last year 2017. A five Judge Constitution bench was set up to hear the plea in May 2017. The Court made it very clear in its proceedings that “we will only look at Triple Talaq and whether it is constitutional and not go into issues such as polygamy.” The Supreme Court, in a landmark judgment, set aside the centuries-old practice of triple talaq.
When the Hon'ble Supreme Court declared the practice of instant talaq is illegal, the government hailed the decision by calling it a red letter day for women rights in India. The government said it was ready to bring in a new law to regulate the practice of divorce among Muslims.
However the All India Muslim Personal Law Board has been against with the government decision to bring into a law to criminalise the practice of instant talaq.
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