The issue of triple talaq has been contentious for a secular country like India where every religion has its own personal set of laws. But the controversy over the topic is due to communal tones it has attached to it and that the repeal is initiated by the government which has communal history but has a majority ruling in the present Parliament of India.
The Bill provides for declaration of triple talaq either written or in electronic form to be as well as illegal. The talaq dealt by this legislative initiative is basically talaq-e-biddat in which word “talaq” is uttered thrice by a Muslim man that would result in irrevocable and instantaneous divorce. The law makes it a cognizable offence that is duly punishable with three years of imprisonment and fine. The law also provides an opportunity to compound the offence on request of woman who is subjected to triple talaq in front of the Magistrate.
The Bill also lay down the provisions regarding the allowance for maintenance of the wife and custody of the children. Therefore, Muslim woman against whom talaq has been declared can seek subsistence allowance for herself and her dependent children before the Magistrate. The Magistrate shall determine such amount for the best interest of the parties. The divorced Muslim woman also has been granted right to seek custody of her minor children and the Magistrate shall decide upon the modus operandi of the same.
This law has been controversial in the legal history of India as on one hand it was branded as an attempt by the communal government to tinker with personal belief of religious minority community and on other hand women rights group asking for abolishing of tripe talaq. It is also noteworthy that Article 44 under Part Four of Indian Constitution casts duty upon the State (the government) to take steps for furthering Uniform Civil Code (UCC) so to forge unity among different religious communities in India. Thereby, upholding the ideal of “fraternity” as mentioned in the Preamble of the Indian Constitution.
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