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Q. Triple talaq issue updates: Comment on affidavit filed by All India Muslim Personal Law Board (AIMPLB) in ongoing issue of banning triple talaq in Supreme Court.
Sep 08, 2016 Related to : GS Paper-2

Ans :

Introduction-

Triple talaq is way of giving divorce practiced by Muslims in India, under this system a man may divorce his wife by pronouncing ‘I divorce you’ three times in a row. Many believe that it is regressive and anti-women, hence such practice should be banned in India. A case to ban this practice is going in Supreme Court, in this background All India Muslim Personal Law Board (AIMPLB) has filled counter affidavit.

AIMPLB stand on triple talaq-

  • In its affidavit AIMPLB has defended the triple talaq system. It claims that the custom is a way out to avoid long-running court proceedings. AIMPLB claims that personal laws cannot be re-written in the name of social reforms.
  • According to AIMPLB, in the absence of triple talaq, a husband may resort to murdering or burning alive his wife because of the time-consuming legal proceedings that might otherwise be involved.
  • It further claims that Indian society is patriarchal, and that personal laws of all communities are aligned with the patriarchal notion.
  • It defends the right to grant divorce to the husband alone, because men have greater power of decision making and it uses gender ration argument to justify the practice of polygamy.

Analysis-

  • AIMPLB has no legal status to impose any law on muslim community. According some scholars, even Koran has no sanction of triple talaq.
  • While defending this practice AIMPLB has use dubious line of agreements like patriarchal society, gender ratio etc. It is exact opposite to the ethos of our constitution.
  • It is egregious practice, where men can divorce his wife without her consent merely by uttering word talaq trice has been declared legally invalid in Shamim Ara vs State of UP judgment of 2002 and subsequent orders from various High Courts.
  • This medieval practice of divorce has been either explicitly derecognised in Muslim-majority countries such as Indonesia, Iran and Tunisia or implicitly in countries such as Pakistan, which provides for a mandatory arbitration procedure after the pronouncement of talaq.
  • Hence Supreme Court should ban such heinous practice of divorce without being swayed by arguments put forth by AIMPLB.
  • Indian constitution guaranties right to equality to both husband and wife, and same rule must be applied while pursuing the divorce proceedings. Hence Supreme Court must rule this practice as illegal.

Conclusion-

India is developing country and adopted all social reforms according to demand of time. Practice of triple talaq still exists in our society, it is egregious practice which snatches the rights of women makes her subservient to her husband. Many women have undergone severe trauma after being thrown out of their homes by divorcing through triple talaq system. Hence it is high time to ban such heinous practice from our society.


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