‘Talaq Talaq Talaq’ and the wife gets divorced under the Muslim personal law. How strange that
Muslim men can marry a woman anytime they feel like and get rid of them just by uttering these
three words. They treat their wives as chattel and alienate them by way of ‘instant talaq’ without
any justification and reasonable cause. Since 2007 we have come across thousands of cases for
oral triple talaq, rendering women destitute with nowhere to go, says Professor Zakia Soman, a
social activists. The male dominant community gives divorce through any medium such as
telephone, letter or whatsapp etc. As in the case of Rashid Ahmad v. Anisa Khatoon , the man
pronounced triple talaq in presence of the witnesses, though in the absence of the wife. Four days
later the talaqnama was executed which stated that the divorce was successfully given. The
intolerable concept has made the Muslim men very robust and women very paralyzed.
Triple Talaq is also known as Talaq-Ul- Biddat which gives the right to men that whenever they
think fit, they may give divorce to their wives. This not only violates Muslim women rights but
also makes them inferior in the eyes of men and society. It is true that every religious practice is
sacred and no one has the right to interfere but some Muslims believe that triple talaq comes
under the ambit of religion while others contradict the same. Triple Talaq is like a sword hanging
on the Muslim women constantly as they are threatened to divorce for procuring dowry even
when the concept of dowry nowhere exists in the Holy book Quran. In certain cases a man
believes he has an ostensible authority that if he gets attracted towards any other woman he can
marry her by giving an instant talaq to his any of the wives. The condition of Muslim women
becomes worst when they are divorced through Triple Talaq as they are left alone to live their
upcoming life and its also not easy for a divorced women to get married again because society
does not accept a divorced woman. There are many other hardships that have to be faced all
because of this orthodox system. Triple Talaq has not only resulted in atrocity but has also
inflicted a great blow to fundamental rights which form the basic structure of the Constitution of
India. Article 14 which states that ‘The state shall not deny any person equality before the law or
equal protection of laws within the territory of India’ . The most detestable aspect of Tripe Talaq
is its inequality which gives the Muslim men unilateral power or unquestionable authority to
divorce their wife even without reasonable cause. This raises the question that why should only
men be given the sole rights to give divorce and the women just comply? Isn’t this a breach of
fundamental rights? Isn’t it against the equality before law?
Article 15(1) states that ‘The State shall not discriminate against any citizen on grounds of
religion, race, caste or sex’. Triple Talaq distorts this fundamental right where any form of
discrimination is prohibited. According to Article 21 no one has the right to infringe the basic
human rights or right to life and personal liberty. Talaq-Ul- Biddat violates this basic right to live
with dignity for every Muslim women. Article 25 provides for freedom of conscience and
freedom of religion where every citizen is made to exercise any religion and no one is forced to
adopt any particular religion. It also provides that no state shall interfere in the religious practices
of the citizens. Muslims are India’s largest minority and their marriages and divorce are
governed by Muslim personal law based on ‘sharia’ but these personal laws are the reason
behind infringement of fundamental rights of Muslim women. Constitution is the supreme law of
the land and no other law can be superior to it. So the instance of Triple Talaq is unconstitutional
as it violates the basic structure of the constitution which provides justice to both men and
women but is not justifiable. Hence the recent judgment in case of Shayara Bano v. Union Of
India on 22.08.17 by Supreme Court is absolutely correct which set aside the practice of Talaq-
Ul-Biddat as it was held ‘Unconstitutional’. The judgment was in the ratio of 3:2 as Justices
Kurian Joseph, Rohinton F. Nariman and U.U.Lalit ruled for scrapping the practice whereas the
minority judgment by Chief Justice J.S.Khehar and S. Abdul Nazeer upheld the validity of the
practice.
It’s ironic to state that most of the Islamic countries including Pakistan, Bangladesh, Sri Lanka
and Egypt have banned this inhuman and intolerable practice of Triple Talaq. If Pakistan
abolished it in 1951 then why couldn’t India adopt any other form of talaq such as Talaq-Ul-
Ahasan? In Pakistan and other countries the matter of divorce are intervened by courts but in
India the courts are not allowed to intervene in the matters of personal law. Hence it should come
under the ambit of law instead of religion so that it can ensure the ends to justice. State should
come forward to spread awareness in Muslim women regarding their rights so that their rights
cannot be exploited in the name of religion or custom by the male dominated society. Triple
Talaq is an enormity and a legacy of a pre-Islamic Arabia. It is arbitrary as it robs the
fundamental rights of Muslim women and violative of the Quranic procedure. It also treats
women as slaves who can be disposed off by the ‘master’ at his sweet will which is inhumane.
Therefore this obnoxious practice which has come to an end has given moral justice to Muslim
women.
