Triple Talaq Bill – Features Of The Bill

jyoti
By jyoti July 13, 2019 13:02

The talaq bill has been introduced by the government in the LokSabha. Read this article to know more about Triple Talaq Bill.

Details

It was the first legislation introduced by the Modi government in its second term.

Features of the Bill

key provisions

What is Triple talaq?

  • It is an instant divorce given by a Muslim man to his wife by uttering/writing the word “talaq” three times.
  • This form of divorce is called ‘Talaq-e-Biddah’ which is not mentioned in the Quran.
  • It has been controversial as men have resorted to electronic media like mobile, SMS, social media, etc. for divorce.
  • There are three forms of talaq (divorce): Ahsan, Hasan, and Talaq-e-Biddat (triple or instant talaq). Ahsan and Hasan are revocable. Biddat — pronouncing divorce in one go by the husband — is irrevocable.
  • Biddat is considered ‘sinful,’ but permissible in Islamic law.
  • Matters like divorce and marriage of Muslims are governed by the Muslim Personal Law
  • The All India Muslim Personal Law Board (AIMPLB) holds that for the Hanafis, who make up more than 90% Sunnis in India, triple talaq is a matter of faith followed for 1,400 years.

The journey so far

  • 1985 Shah Bano case:talaq-e-bit, nikahhalala, and polygamy were challenged by Shah Bano who sought maintenance from her husband for giving triple talaq.
  • In a landmark judgment, the Supreme Court ruled in favor of Shah Bano and upheld the decision by the High Court to provide her maintenance
  • 1986 Muslim Women (Protection of Rights on Divorce) Act diluted the Supreme Court judgment and allowed maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce.
  • The ShamimAravs State of UP, 2002 said that talaq must be pronounced on cogent plausible and reasonable grounds. Talaq should come into effect only after all efforts for reconciliation and resolution were exhausted.
  • DagduPathanvsRahimbi, 2002, the Aurangabad bench of Bombay High Court invalidated triple talaq
  • ShayaraBanoVs Union of India; ruled Triple talaq unconstitutional and arbitrary and asked the Central Government to enact a law to govern marriage and divorce in the Muslim community.

UNIFORM CIVIL CODE

Article 44 of DPSP

  • The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India
  • It will mean a uniform set of laws for all citizens of the country in all matters of life including marriage and divorce irrespective of religion, race, caste, and creed.

Arguments in favor of UCC

  • It will end discrimination in religion
  • It would promote gender equality
  • National integration

Arguments against UCC

  • It will violate Article 25- freedom of religion
  • It is against the principles of democracy and secularism of the State
  • The religious and cultural diversity of India makes UCC impossible for implementation
  • The stand taken by B.R. Ambedkar in the Constituent Assembly debates was that a UCC is desirable but for the moment should remain voluntary.
  • The Law Commission, in its ‘Consultation Paper on Family Law Reforms’, released recently said that Uniform Civil Code is “neither necessary nor desirable at this stage”. It argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make it gender-just.

Related UPSC Main Questions

GSM 2 (2015)

Ques. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

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jyoti
By jyoti July 13, 2019 13:02