The Abolition of Triple Talaq in India: Legal and Social Implications

Abstract

The Abolition of Triple Talaq in India: Legal and Social Implications

RISHIKA, DR. RAJ RANI

India’s banning of triple talaq can be regarded as a reasonable development in the direction of equal rights and law reform. Instant divorce, or triple talaq, was a practice in which Muslim men could divorce their wives by uttering the word ‘talaq’ three times. This was abused in any case when a husband refused to support the wife. It was based on male centered distortions of Islam. Such distinctive practices such as this one were criticized because they contradicted the Indian constitutional goal of ensuring both equity and justice. The talaq-e-biddah was declared unconstitutional in India in 2017 courtesy the auspicious judgement which was granted by the Supreme Court on Shayara Bano v. Union of India case. This resulted in the formation of the Muslim Women (Protection of Rights on Marriage) Act in the year 2019, which banned divorce by way of talaq in any form. Additionally, it also provided legal coverage to the women affected.