Under Muslim Law in India, the provision of talaq allows a husband to unilaterally dissolve his marriage by pronouncing divorce three times. This provision has been a subject of controversy and debate due to its potential for misuse and lack of protection for women’s rights. The relevant sections of law pertaining to this issue are Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 states that “Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).”
Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 provides certain safeguards for women in case of divorce. It states that a divorced woman is entitled to a reasonable and fair provision for her maintenance during the iddat period (the waiting period after divorce), which includes a monthly allowance. Additionally, she is entitled to a reasonable and fair provision for her future as well.
However, despite these provisions in the law, the practice of triple talaq has been widely criticized for its potential misuse and lack of protection for women’s rights. Several case laws highlight the controversies surrounding this issue:
1. Shamim Ara v. State of U.P. (2002): In this case, the Supreme Court held that triple talaq pronounced in a single sitting is invalid and violates the principles of justice, equity, and good conscience. The court emphasized the need for a reasonable opportunity for reconciliation before divorce.
2. Shayara Bano v. Union of India (2017): This landmark case challenged the constitutionality of triple talaq. The Supreme Court declared the practice of instant triple talaq as unconstitutional, arbitrary, and violative of women’s rights.
3. Ishrat Jahan v. Union of India (2017): In this case, the Supreme Court upheld its decision in Shayara Bano case and reaffirmed the unconstitutionality of instant triple talaq.
4. Aafreen Rehman v. State of U.P. (2018): The Allahabad High Court held that pronouncing triple talaq through WhatsApp or any other electronic medium is valid and binding.
These case laws demonstrate the ongoing debate and legal battles surrounding the issue of triple talaq in India. While the Supreme Court has taken steps to protect women’s rights by declaring instant triple talaq as unconstitutional, there are still challenges in implementing these rulings effectively.
The relevance of this issue to Non Resident Indians (NRI) is significant as many NRIs are governed by Muslim Personal Law in matters of marriage and divorce. The provision of triple talaq affects NRI women who may face divorce proceedings initiated by their husbands living abroad. These women often face difficulties in seeking legal remedies and protection due to jurisdictional issues and lack of awareness about their rights.
To address these concerns, the Indian government has introduced the Muslim Women (Protection of Rights on Marriage) Bill, 2019, which criminalizes the practice of instant triple talaq and provides for imprisonment and fines for offenders. This legislation aims to provide greater protection to NRI women and ensure that they have access to legal remedies in case of divorce.
In conclusion, the provision of talaq under Muslim Law in India has been a subject of controversy and debate due to its potential for misuse and lack of protection for women’s rights. The relevant sections of law and case laws discussed highlight the ongoing legal battles and efforts to protect women’s rights in matters of divorce. The issue is particularly relevant to NRIs, as they may face challenges in seeking legal remedies and protection in cases of divorce initiated by their husbands living abroad.