Triple Talaq Act (2019): Secularism And Gender Justice Debate
- IJLLR Journal
- Apr 13
- 1 min read
Priyanshi Tembhre, Dharamshstra National Law University
INTRODUCTION
Triple Talaq, also known as Talaq-e-Biddat, refers to the practice wherein a Muslim husband can instantly and irrevocably divorce his wife by pronouncing "talaq" three times, either verbally, in writing, or electronically.1 Historically, this practice has been traced back to Islamic jurisprudence, where it was considered irregular but effective. While the Quran encourages reconciliation before divorce, the practice of Triple Talaq became entrenched in certain Muslim communities despite its lack of religious legitimacy.2
v Significance of the Study in the Context of Gender Justice and Secularism
In India, the Triple Talaq controversy has been extremely divisive and has touched on issues of gender equity and secularism.3 The Supreme Court's decision in Shayara Bano v. Union of India4 and the subsequent enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized the practice5. Advocates argue that the Act upholds gender justice by providing legal protection to Muslim women from arbitrary divorce, while critics contend that criminalizing Triple Talaq infringes upon religious freedom.
This study explores the balance between gender justice and secularism in the context of Triple Talaq, examining whether the law effectively protects women's rights without marginalizing religious minorities.
RESEARCH QUESTION
1) How has Triple Talaq evolved in India, and what are its legal implications?
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