Marriage can be understood primarily as a union between two individuals and in a broader perspective the commencement of a cordial and social relationship between two families. This cultural union is back by a civil contract where the husband and the wife commit to each other legally. Talaq is typically an Islamic term. It simply means divorce or breaking the legal bond of marriage. It is one of the ways a Muslim couple could adopt to break ties from each other. The Islamic law permits the culture of triple talaq or “talaq-e-biddat”. Moreover, the husband possesses the right to give the triple talaq. It is a culture in which the husband, wishing to cut all ties with the wife, simply needs to utter the word “talaq” thrice at a go. In the context of this, Islamic laws give immense power to the husband. Neither any evidence of the talaq pronounced by the husband is demanded nor is the witness of the act required. This possession of one-sided authority to break a marriage did make life very miserable for many Muslim women.
The targeted women trying to find relief in this stressful situation often approach the court of law. But to the disappointment of many, the supremacy of power give to the opposite gender in this matter is often misuse. This forced targeted women to go through a difficult time. Also, It does not require mention that the law endangered women’s rights and safety. The first act of protest against the act of triple talaq was raise in the year 1996 in Mumbai. Protest from all over the world was made to support the rights of women and help them live a life with dignity.
In the divorce case of Md Ahmed Khan and Shah Bano Begum, the five-member bench of the Supreme Court put forward the law cited in Section 124 of Criminal Procedure Court. Also, It say that every divorce wife of all religion is entitle to maintenance. Many women did find a ray of hope from the judgement but to their disappointment even then many suffered from injustice.
The year 2017 saw new wisdom with regard to the triple talaq in India. The Supreme Court of India encompassing a five-judge constitution bench passed a judgement in the Shayara Bano case. The judgement was a great step in the history of triple talaq. It banned the practise of triple talaq in India by a majority judgement of 3:2. It declared the practise unconstitutionally and endangering women’s rights. In December 2017 The Muslim Women Bill (the Bill), to protect the rights of the marriage of a Muslim lady, was introduce and further pass in the Lok Sabha. Unfortunately, the bill could not be pass in the Rajya Sabha then and ultimately the bill could not find its way to be a law.
Finally, in July 2019 the Bill is presente and passed in both the house of the parliament. The Muslim Women Act 2019 (Protection of Rights on Marriage) declared that a Muslim husband declaring words of divorce either by spoken words or in any written form shall be considered illegal. Any such illegal act would entitle the husband imprisonment for a maximum period of 3 years and even a fine.