Supreme court's take on Triple Talaq

The Hon'ble Supreme Court of India, in it's landmark judgment of

Shayara bano v. Union of India pronounced on August 22, 2017, has

set aside the practice of Talaq-e-Bidat or "Triple Talaq" with the

majority Ratio of 3:2, through a Constitutional bench comprising of Judges, all from different religions ie. Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. Justice Kurian Joseph, who was a part of the majority bench, clearly stated that he finds the practise of Triple talaq very integral to the religious domination in question and that the same is definitely not a part of their personal law. Many of them accented to the fact that the practise of Triple talaq is very arbitrary in a sense that a marital tie anno broken whimsically by a muslim man without any attempt of reconciliation or trying to save it along with being inconsiderate towards the petty condition of the woman.

Taking into account the various arguments of the aggrieved as well as of the defendants pertaining to this issue, the Supreme court, with a majority of 3:2 decided that Talaq-e-bidat will be held unconstitutional and Ms. Shayara bano will be provided with adequate relief and

compensation, immediately. The hon'ble court further directed the central government to take into account the aforementioned judgement and put down a proper legislature to implement the same. It took only a short amount of time for The Law minister of the country, Shri Shri Ravi Shankar Prasad, to introduce the Triple talaq bill in the lower house of the parliament ie. The Lok Sabha, which, after going through a set of mismanaged events and asymmetrical views, passed it by majority on December 28, 2017.

As per the explanation given by the parliament, the judgement hadn't worked enough to bring down the number of divorces pronounced through Talaq-e-bidat. In order to improve the miserable state of the hapless victims of this illegal divorcing system, there was need to bring about a legislative action regarding the said issue, considering it

to be of national importance. The bill was to not only uplift the position of women in the Muslim community, but also to fill in the gaps of gender equality which would in turn sub-serve their fundamental rights of non discrimination and empowerment. The preamble of the bill clearly spoke "To protect the

rights of the Married Muslim Women and prohibit divorce by

pronouncing Talaq by their Husbands and provide for matters

connected therewith or incidental thereto". Section 3 of the bill also said that separations taking place through such illegal methods, will be considered "void" and "illegal" further taking a strict action towards the offenders by pronouncing it as an offense which will be punishable with both, imprisonment of 3 years and fine.

Furthermore tightening its grip on the illicit offenders, the bill made the

offence non-cognizable and non-bailable, ie. The defendant can be

arrested without warrant. The said bill has attracted both love and hate from almost all the sects and communities of the world. On one hand, some muslims have termed it as a result of haphazard interpretation and management of

the law by using draconian measures to pull down the minority

community, others have termed it an invasion of their personal space

by tampering with their personal laws. On the other, the women have

regarded this as a respectable step taken towards the upliftment of the aggrieved women, taken by the force of their husbands. Even though the bill has welcomed a lot of controversies, disruption and hatred amongst different communities, the prohibition of Triple talaq aka. Talaq-e-bidat, still stands to be one of the most bonafide

decisions taken for the welfare of the women, in the history of all the judgements pronounced by the hon'ble Supreme court of India.