Triple talaq as we all know as been the most controversial topic in the recent times. It is a form of divorce practiced by the men of the Islamic community. As mentioned in the Muslim Personal Law, in this form of divorce a man has the right to legally divorce his wife by merely pronouncing the word ‘talaq’ three times. After the divorce the woman cannot remarry her ex husband without marrying another man before that. Whereas if a wife has to divorce her husband she can either request him to give a divorce or the man has the power to delegate this authority to her or to a third party. the most visible difference between a woman divorcing her husband and tripe talaq is that a woman can merely request her husband while man has the right to pronounce his decision without any hinderences. However on 22nd August, 2017 a bench of % Supreme Court judges headed by Chief Justice J S Khehar declared it as unconstitutional and the regressive law came to an end in India.
Without any doubt it is a very progressive step towards the modern society all of us dream of but the real question is “why did it take so long to correct such a regressive law?” Other countries with majority Muslim population such as Pakistan and Morocco had taken steps towards abandoning/correcting it many years back. Even when the matter came into light, it took almost 2 years for the court to give a verdict. Moreover only instant talaq has come to an end, the other two forms of talaq are still considered as legal and valid i.e. if a man gives three talaqs to his wife with a period of three months each then it will still be considered as legal. A little is done in the right direction and a lot more is left to be done.
The issue started in October 2015 when Supreme Court asked to set up a bench of judges to look into the matters of gender discrimination faced by Muslim women across the country. Initially the court regarded the matter as religious and it as beyond the reach of legal system but eventually the verdict was reversed and triple talq was ruled as void and illegal. The initiative was first taken by Allahbad High Court that described instant divorce (triple talaq) as unconstitutional. Ever since independence the times have become more revolutionary than ever. Many people have supported the decision of the court and winds of gender equality have started blowing in the right direction. However due to the seizure of matter by the Supreme Court, the Allahbad High court could not pass a verdict on the matter but its initiative has surely affected the whole issue in a positive way. The decision has established has once again its power to dig in the religious matters of different communities and consider the national constitution above any individual law.