Assess the impact of ban on ‘Triple Talak’ on marriage and divorce among the Muslim community in India. (UPSC CSE Mains 2018 - Sociology, Paper 2)
If a man belonging to the religion of Islam pronounces talaq thrice either orally or in written form to his wife. Then the divorce is considered immediate and irrevocable. The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month iddat period and return to her husband. The Parliament has passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, thereby criminalizing the practice of instant ban on Triple Talaq. The Supreme Court in Shayara Bano case (2017) had declared the practise of Tmple Talaq (talaq-e-biddat) a as unconstitutional.
Functions
- Deterrence Effect: The ban has acted as a deterrent against arbitrary and instant divorce. Previously, some Muslim men would use ban on Triple Talaq as a means to end a marriage unilaterally and without consequences. The ban has discouraged such practices, leading to more careful consideration of marital issues.
- Legal Processes: The ban has shifted divorce proceedings from religious authorities to the legal system. Couples now have to go through the formal legal divorce process, involving court hearings and legal procedures. This has brought greater transparency and accountability to the divorce process.
- Empowerment of Women: Women’s rights activists argue that the ban has empowered Muslim women by giving them legal protection and the opportunity to negotiate divorce settlements. They can now seek alimony, custody of children, and fair division of marital assets.
- Reduction in ban on Triple Talaq Cases: There has been a noticeable decline in Triple Talaq cases since the ban was implemented. This suggests that the legal prohibition has effectively curbed this controversial practice.
- Increase in Mutual Consent Divorces: The ban has encouraged couples to opt for mutual consent divorces, as this is considered a more acceptable and legally sound method. This shift has resulted in fewer contentious divorce cases.
Dysfunctions
- While the ban is seen as a positive step, its effectiveness depends on enforcement. There have been reports of challenges in implementing the ban uniformly, and cases of clandestine ban on Triple Talaq still surface.
- Despite the ban, societal and religious factors continue to influence divorce within the Muslim community. Stigma around divorce and societal pressures can still be significant, impacting women’s decisions to seek divorce.
It is seen as interference in religious affairs. It is seen against secularism. It can further alienate the minorities in country.
Beyond legal measures, fostering awareness and gender-sensitive socialization, empowering women, and addressing the marginalization of the Muslim community, as emphasized by the Sachar Committee, are essential to combat ban on Triple Talaq and promote inclusivity and gender equality within society.
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