In August 2017, the practice of Triple Talaq was stated to be “unconstitutional” by the Supreme Court. Now, four months later, the Lok Sabha has passed a bill criminalising this practice with a punishment of up to three years in prison.
“I thank all fellow Parliamentarians who have supported this bill, which will bring a new era of hope and respect in the lives of Muslim women,” tweeted Amit Shah, the current president of the Bharatiya Janata Party. The word talaq, in Arabic, stands for divorce. It denotes an outdated tradition where a Muslim man could instantly divorce his wife by merely repeating the word thrice. The Triple Talaq allows a man to divorce his wife immediately without any justification. The man is also given custody of any children, leaving the woman in the situation helpless. This practice, unfortunately, was still being followed in 2017, promoting gender inequality and further suppressing the rights of women.
Will it set a precedent?
A ban does not guarantee justice. This can be inferred from the dichotomy of actions after the prohibition of Sati and the ban on child marriages. While Sati has successfully been abolished, the practice of child marriage is present even today. However, the criminalisation of the age-old tradition still does help women reaffirm their status in society and proves a definite shift in attitude towards women in 2017.
It deserves mention that the practice of Triple Talaq does not stem from the Quran, the Holy scripture for Muslims. In fact, it is said that the practice violates the Shariat and is absent in Islamic nations such as Pakistan, which abolished the practice in 1961. In India, two out of the three judges hearing the case claimed that instant Triple Talaq was an important part of the Islamic culture, providing blind support to the self-created culture.
Counter-arguments against abolition
The All India Muslim Personal Law Board stated that it is a “religious practice” and so, “part of the practice of a community” and hence, cannot be challenged. The effect on women due to the custom of Triple Talaq is highly neglected. For the hope of social reforms, it is imperative that the effects of the custom, regardless of its origin: religious or non-religious, be analysed. Kapil Sibal, the lawyer for the AIMPL board, has stated that only a “minuscule portion” of the Muslim community follows the practice. This proves the negligent attitude of the board since around a hundred cases were filed in the period between the SC’s decision and the passing of the bill. This makes it evident that a large group of women are deeply affected by this practice. Women like Shayara Bano have also proved this, by bringing forth ninety million Muslim women affected by this practice.
A problem with the bill is the number of sections and clauses that contradict each other. This makes the bill ineffective with regards to its implementation, and open to criticism.
Women at the forefront
In conclusion, the most important aspect of the development of social reforms is the shift in the attitude of women towards their own struggles. With wide-spread protests against Triple Talaq and the spread of awareness of its repercussions, inspired with the support of the law, women have made it evident that they are prepared to fight for justice and will no longer suffer in silence.
