Triple talaq is form of instant divorce practiced in India, by which a muslim man could legally divorce his wife by pronouncing talaq three times. It could be oral or in writing. In recent times with development in electronics and communication a simple text, mail or even a social media would be the medium to convey a divorce!
In the year 2017, Honorable Supreme Court in its judgment declared that the practice of triple talaq is unconstitutional because it violates fundamental rights of muslim women.
Considering the above ground, the current government has introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2019 which is also known as Triple Talaq Bill.
What Is triple talaq bill?
The bill is nothing but making the practice of instant divorce void among Muslim community.
The same has been presented in 2018 which lapsed due to dissolution of Loksabha. In 2019, the government comes with a fresh triple talaq bill which declares the practice of triple talaq will lead to a criminal offence with provision of three years of jail to husband. Afterbeing criticised for the punishment, government incorporated provision for the 'bail' after 'hearing a wife.' Opposition members are opposing the bill saying divorcing a wife is not a criminal offence! So, it cannot attract the punishment of imprisonment.
In the year 2017, Supreme court heard different cases of triple talaq. In one of the cases husband exercised his 'right' of instant divorce through Whatsapp! The Five judge bench with 3:2 declared that practising triple talaq is against constitutional principles and arbitrary in nature. Even after the Supreme Court judgement banning the practice, more than 200 cases were reported!
In the words of Prophet Mohammad, “Of all the lawful things, divorce is the most hated by Allah.”
This situation invokes the Article 44 of Indian Constitution which states about the Uniform Civil Code across the country regardless of the personal laws.
Though Muslims across India are plasticising triple talaq for ages, many countries, including neighbouring Pakistan, Sri Lanka, Bangladesh etc. has banned it.