On August 2017, the apex Court of the country headed by a 5 bench Judge by a majority of 3: 2 declared the practice of one of the forms of talaq under Muslim law i.e. Talaq- e- Biddat or Triple Talaq void and unconstitutional. Talaq-e-biddat is an instant talaq and its effect starts as soon as the word Talaq is pronounced 3 times during the single tuhr. The verdict came on a
petition of five Muslim woman including Shayara Bano, who were abandoned by her husband after pronouncement of instant Triple Talaq.
On July 2019 the legislation passed a law after having long debates in both lower and upper houses of parliament. The argument put forward by
the opposition party against the passing of the Bill was that this law targets the Muslim community even as the center argued that the Law would help achieve gender Justice for Muslim womans.
On July 6 2020 a Kerala Lawyer has moves to the Supreme Court against the law that criminalizes the practice of granting instant Talaq on the pronouncement of the word “Talaq” 3 times. Noorbeena Rasheed becomes the first woman to challenge the validity of the criminalization of triple talaq since the parliament had passed the Bill in the legislation in 2019.
Noorbeena Rasheed challenged the Protection of Rights on Marriage Act which makes the Muslim Husbands guilty and punishes for a three year punishment for talaq-e biddat.
It was mentioned clearly in the petition that although this practice is followed only by a small group of Muslim people in the Country but the protection of the women cannot be achieved by putting the husband behind the bars. Issuing a notice to the Center, a bench of 3 Judges headed by Justice N V Raman on Monday admitted the Petition and decided to hear nine similar pleas challenging the validity of the law. Many organizations like Jamiat Ulama –i- Hind, All Indian Muslim Personal
Law Board, Muslim Advocate Association, and two other individuals. All this petitions have common in them that is the law is disproportionate as well as excessive and stringent and the Court should declare it unconstitutional.
The Court has not yet decided the date of hearing of all
this petitions. The petition questions provisions of the law including one which the relative of the Muslim woman to file the complaint against the Husband. The petition stated that such an activity would destroy the sanctity of the Marriage and would bitter the marital relationship between the wife and the Husband. The provisions are highly causing harm not only to the wife but to the Husband too.
The petition sought
clarification from the Center about scrutinizing of the underlies laws of putting the Muslim husband in jail for divorcing woman. Rasheed’s lawyer, Zulfikar Ali said that how the law will harm the interest of the Muslim woman which it seeks to protect. The present law makes the practice a cognizable offence and no warrant is needed for arrest in
case of cognizable offences. In other words cognizable offences are crimes of serious nature.
Jamiat- Ulama-I- Hind in the petition argued that there are more grievous offences like rioting and Bribery under the Indian Penal Code for the punishment is less than instant divorce.
