ISSN: 2265-6294

Triple Talaq: The Practice In Conflict With Indian Constituional Mandates Analysed Through Judicial Lens

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Hemant Singh, Vinod Kumar, Kunal Rohira, Abhijay Chakraborty

Abstract

Muslims view marriage as a legal contract that can be broken in a number of ways. Looking at the Talaq's historical development, we can see that it was one of the first religious institutions to allow for divorce. Islamic law mandates that a Talaq be a two-way conversation. Both men and women have the right to ask for a talaq, though the options available to women are quite limited. During the lifetime of the Prophet Mohammed, the practice of talaq was at a place but in staggered manner. If living together under one roof becomes intolerable, there is a provision to seek divorce that does not go against women. The term “Talaq” which has been originated from the word which is the Arabic word to “repudiate the marriage” or which means separation of one person from another person in a way, they would not be bound or liable to perform the obligation of married life. In other word talaq is breaking of bondage of marriage. It is situation where one person absolves himself from the liability, which he took at the time of marriage. It is not a new phenomenon in the society but at present, it is increasing by leap and bounds, the cases of triple talaq, especially. Under Muslim personal law triple talaq is most prevalent mode of giving talaq under the head of Talaq-Ul-Biddat. Triple talaq is talaq, which is given by the husband by uttering the word Talaq thrice in one go, and talaq becomes irrevocable. This form of talaq seems to be violating the very important rights of women like right to life, right to dignity etc. Another important thing is that right to pronounce triple talaq is given to the husband only therefore it’s discriminatory in nature and violating the right to equality which is fundamental right of every person irrespective of gender and religion in India. This topic has been taken by the author keeping in mind the present controversy relating to the Triple talaq which emerged after Apex Court judgment by which Triple talaq practice was found “unconstitutional” on ground of violation of fundamental right of equality, life, and dignity of women. This paper also discusses many controversies like whether Apex court of India has jurisdiction to deal with personal laws, whether declaring the triple talaq practice as unconstitutional is violative of Freedom of religion etc. Beside above this paper will critically analyze the shayara bano judgement and legislation enacted to eradicate triple talaq practice.

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