TRIPLE TALAQ (Syllabus: GS Paper 2 – Social Issues)

Context: The Centre has defended the 2019 law criminalising triple talaq in the Supreme Court, arguing that the practice legitimised and institutionalised the abandonment of wives. It urged the court to dismiss the petition challenging the law.

Triple Talaq

• About: Instant Triple Talaq is a practice where a Muslim man can divorce his wife by pronouncing ‘Talaq’ three times in a single sitting.
• Irrevocability: This form of Talaq is irrevocable, meaning there is no opportunity for reconciliation once it is uttered.
• Prevalence: It is predominantly used by the Hanafis, a sub-sect of Sunni Muslims in India.
• Legal Status: Also known as Talaq-e-biddat, was declared unconstitutional and outlawed by the Supreme Court of India in 2017.

Muslim Women (Protection of Rights on Marriage) Act, 2019

• Declaration of Talaq: The Act renders all declarations of talaq, whether written or electronic, void and illegal.
• Definition of Talaq: It is defined as talaq-e-biddat or any similar form pronounced by a Muslim man, leading to an instant and irrevocable divorce.
• Offence and Penalty: Declaring talaq is classified as a cognizable offence, punishable by up to three years imprisonment and a fine.
• Cognizable Offence: The offence is cognizable only if reported by the married woman or someone related to her by blood or marriage.
• Bail: The Magistrate may grant bail after hearing the woman and if reasonable grounds for bail are established.
• Compounding Offence: The offence may be compounded upon the woman’s request, with terms set by the Magistrate.
• Allowance: A Muslim woman can seek a subsistence allowance for herself and her dependent children, with the amount determined by the Magistrate.
• Custody: A Muslim woman is entitled to seek custody of her minor children, with custody arrangements decided by the Magistrate.