Talaq is the Ismalic term for divorce.
The practice of Triple Talaq persisted in Islam, where the husband can legally denounce marital ties with their wife by uttering or writing 'Talaq' thrice.
The Muslime Personal Law (Shariat) Application Act of 1937 legalized the tradition.
The Act enabled husbands to have stronger proprietary and privileges over their wives.
Recently the law came under the limelight as unconstitutional and debasing human rights, gender equality, and secularism.
The Practice
Triple Talaq gave the husband autonomy over their marriage.
They did not require any cause, nor was the wife needed to be present at the pronouncement time.
Quran cites how three months, called Iddat, must be instated after each ‘Talaq’ for reconciliation.
However, the Shariat Law’s implementation’s shortcomings meant the husband often declared three ‘Talaqs’ in one sitting.
A divorced woman cannot remarry her husband until she marries another man.
Until remarriage, she maintains custody of only prepubescent daughters and male toddlers. Otherwise, custody of children went in favor of the husband.
The Legislation
The Lok Sabha introduced The Muslim Women (Protection of Rights on Marriage) Bill in August 2017 following the Shayara Bano legal case.
It sparked prolonged discussions involving the incumbent Government of India headed by the NDA and the Supreme Court.
A Supreme Court panel headed by five judges in favor of unconstitutional and instant divorce by citing Triple Talaq is invalid and illegal.
The court noted the form of marriage dissolution as demeaning, and the method was already unlawful in Muslim countries like Saudi Arabia, Pakistan, Morocco, etc.
The Resistance
The Bill faced resistance from the opposition parties who deemed interference in entire communities’ traditions, and customs could be coercive and authoritative.
Conservative Muslim non-government bodies came forward defending religious rights against State interference.
Lengthy debates followed that shed light on how the Constitution viewed religion matters, even if they were immoral, and how Triple Talaq should abound to Shariat Law.
The Enactment
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, became an Act in June 2019.
Both houses of the Legislature passed the Bill.
The Act criminalizes the practice of instant divorce by Triple Talaq by any form of communication.
Any Muslim husband who continues to indulge in the custom could be imprisoned for up to three years and penalized.
The offense is non-bailable until the wife is placed under Triple Talaq consents to a reasonable ground for divorce.
The wife can also claim custody of minors in the event of Triple Talaq.