Muslim Women’s Rights Day is celebrated nationwide on August 1st to mark the enactment of the law against triple talaq. On this day in 2019, the central government made the practice of instant triple talaq a criminal offense. The Muslim Women (Protection of Rights on Marriage) Act, 2019, prohibits the practice of triple talaq in India. To commemorate this significant milestone, the Union Ministry of Minority Affairs announced the observance of Muslim Women’s Rights Day on August 1st every year, celebrating the second anniversary of the law that protects the rights of Muslim women.
What is Triple Talaq?
Triple talaq, also known as talaq-e-biddat, is a form of instant divorce that allows a Muslim man to divorce his wife by saying the word “talaq” three times in any form. The practice has been widely criticized as being discriminatory against women and violating their fundamental rights.
Background
The history of triple talaq can be traced back to the early days of Islam. However, the practice was not widely practiced until the 19th century, when it was popularized by the British colonial government. The British government saw triple talaq as a way to weaken the power of Muslim women and to make it easier for Muslim men to divorce their wives.
In 1937, the Indian government passed the Muslim Personal Law (Shariat) Application Act, which gave Muslim Personal Law precedence over secular law in matters of marriage, divorce, and inheritance. This meant that triple talaq was legally recognized in India.
Constitutionality
In 2016, Shayara Bano, a Muslim woman from Uttarakhand, challenged the constitutionality of triple talaq in the Supreme Court of India. Bano argued that triple talaq was a form of gender discrimination and that it violated her fundamental rights.
- The Supreme Court heard the case in May 2017 and delivered its judgment on August 22, 2017.
- In a 3:2 majority decision, the Supreme Court held that triple talaq was unconstitutional and void.
- The court ruled that the practice violated the fundamental rights of Muslim women, including the right to equality, the right to life, and the right to dignity.
- The Supreme Court described it as “manifestly arbitrary” and said that it allows a man to “break down a marriage whimsically and capriciously”
- The Supreme Court’s decision in the Shayara Bano case was a major victory for Muslim women’s rights in India. The decision has helped to protect the rights of Muslim women and to promote gender equality in India.
- In July 2019, the Indian Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, which criminalized the practice of triple talaq.
- The law makes it a punishable offense for a Muslim man to divorce his wife through triple talaq.
- The law also provides for a compensation of up to ₹5 lakh for divorced women.
The criminalization of triple talaq is a significant step towards protecting the rights of Muslim women in India. The law will help to ensure that Muslim women are not subjected to discriminatory practices and that they have the same rights as men.
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